Marital Agreements, Adoption, and Domestic Violence Flashcards
When is a premarital agreement enforceable?
- Full disclosure of financial status
- Fair and reasonable; and
- Voluntary
How does a court analyze a premarital agreement that expressly provides that a full disclosure has been made?
It presumes there has been a full disclosure, but this may be rebutted by clear and convincing evidence
What constitutes a lack of full disclosure in a premarital agreement?
It must not only be inaccurate, but also unfair and induces the other spouse to execute the agreement.
Can a court modify marital agreements?
Yes, but for agreements executed before February 12, 1988, it can only make downward modifications
Does a valid adoption terminate the parental rights of the biological parents?
Yes
How may the parental rights of the biological parents be terminated?
- Voluntarily
2. Involuntarily
What are the grounds for a petition for involuntary termination of a biological parent’s parental rights?
Generally bad or extremely negligent behavior. Examples include:
- Conduct, for at least the last 6 months, showing a settled purpose of relinquishing parental claim or a failure to perform duties
- Conduct resulting in the child being without essential care
- The father raped the mother or committed incest
- Convictions for murder or aggravated assault or related inchoate offenses
- sex offender
What is the standard of proof for terminating biological parental rights?
- Clear and convincing evidence that parent satisfies grounds for termination; and
- best interests of the child
What are the legal effects of adoption?
- Parents assume all rights and responsibilities
2. Child assumes all rights as biological child (e.g., intestate, etc.)
Who is protected under the Protection from Abuse Act?
- Spouses, current or former
- People who live as if spouses
- Parents and children
- Relatives; and
- Sexual or intimate partners, past or present
NOT roommates, etc.
What relief is available under the Protection from Abuse Act?
Courts have broad discretion to prevent abuse; arrest and protective orders are possible.
Persons arrested under the PFAA have a right to a preliminary hearing within 10 days