Marital Agreements, Adoption, and Domestic Violence Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

When is a premarital agreement enforceable?

A
  1. Full disclosure of financial status
  2. Fair and reasonable; and
  3. Voluntary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How does a court analyze a premarital agreement that expressly provides that a full disclosure has been made?

A

It presumes there has been a full disclosure, but this may be rebutted by clear and convincing evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What constitutes a lack of full disclosure in a premarital agreement?

A

It must not only be inaccurate, but also unfair and induces the other spouse to execute the agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can a court modify marital agreements?

A

Yes, but for agreements executed before February 12, 1988, it can only make downward modifications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Does a valid adoption terminate the parental rights of the biological parents?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How may the parental rights of the biological parents be terminated?

A
  1. Voluntarily

2. Involuntarily

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the grounds for a petition for involuntary termination of a biological parent’s parental rights?

A

Generally bad or extremely negligent behavior. Examples include:

  1. Conduct, for at least the last 6 months, showing a settled purpose of relinquishing parental claim or a failure to perform duties
  2. Conduct resulting in the child being without essential care
  3. The father raped the mother or committed incest
  4. Convictions for murder or aggravated assault or related inchoate offenses
  5. sex offender
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the standard of proof for terminating biological parental rights?

A
  1. Clear and convincing evidence that parent satisfies grounds for termination; and
  2. best interests of the child
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the legal effects of adoption?

A
  1. Parents assume all rights and responsibilities

2. Child assumes all rights as biological child (e.g., intestate, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who is protected under the Protection from Abuse Act?

A
  1. Spouses, current or former
  2. People who live as if spouses
  3. Parents and children
  4. Relatives; and
  5. Sexual or intimate partners, past or present

NOT roommates, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What relief is available under the Protection from Abuse Act?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly