Parent Child Relationship

Question 0

Legitimacy of child conceived before commencement of divorce action

Answer 0

presumed legitimate children of both parties

rebutted only with clear and convincing evidence that husband is not the father

Question 1

Legitimacy - defined

Answer 1

child born of parents who are married before or after birth
includes void and voidable marriages
or marriages that are annulled

Question 2

proceeding to establish paternity

Answer 2

may be brought during pregnancy or after birth

not after child reaches 21 unless paternity has been established in writing by the father or the father pays support

Question 3

proof of paternity

Answer 3

court on motion of any party or on its own can order mother to submit to genetic marker testing

such tests are admissible

test show paternity to a 95% certainty creates rebuttable presumption of paternity

Question 4

Testimonial evidence and paternity

Answer 4

courts may weigh testimony of party in addition to testing to determine paternity

Question 5

order of filiation (male parenting) may include

Answer 5

1. custody, support and education provisions until child reaches 21
2. reasonable expenses of pregnancy
3. necessary expenses of mother in connection with confinement during pregnancy
4. funeral expenses if child dies

Question 6

Defense not available to father whose paternity has been established

Answer 6

deliberate misrepresentation of mother concerning contraception

Question 7

child born to unmarried mother

legitimacy and inheritance

Answer 7

always “legitimate” child of mother

can inherit from mother and maternal kindred

Question 8

Child born out of wedlock and inheritance from father and paternal kindred considerations

Answer 8

1. court order of filiation during lifetime of father
2. acknowledgement by filing with Dept of social services
3. paternity established by clear and convincing evidence - blood or genetic test
4. father openly and notoriously acknowledged the child as his own.

Question 9

Damages recoverable by unacknowledged non-marital child

Answer 9

wrongful death and workers comp

Question 10

Adoption - who can adopt

Answer 10

any single adult person
married couple

can adopt any other person

Question 11

Adoption and Minors

Answer 11

general rule, minors cannot adopt

minor spouses can adopt

Question 12

Adoption disallowed where

Answer 12

parties did not intend to have parent-child relationship

instead intended adoption utilized in place of marriage, will, or business contract

Question 13

Court consideration in any adoption proceeding

Answer 13

BIOTC - even if child is 40

Question 14

consent to adoption - child under 18

Answer 14

both parents or surviving parents of legitimate child
mother of nonmarital child
person or agency having custody of adopted child
in courts discretion, consent of adoptive child 14 years or older

Natural Mother can revoke consent

Question 15

Notice of Adoption must be given to

what must it contain

Answer 15

person whose consent is required and not yet provided it

must contain date, place, time, and purpose of proceeding

must inform recipient failure to appear will constitute a denial of interest in child

Question 16

after adoption

Answer 16

incidents of parent child relationship exist between adoptive parent and adoptive child

no longer parent child relationship between natural parent and child

• unless adoption was by grandparent or descendent of grandparent

Question 17

Termination of parental rights

Extraordinary Circumstances that will overcome preference for custody to remain with natural parents

Answer 17

1. abandonment 6 months or more
2. permanent neglect
3. severe and repeated abuse
4. mental illness or retardation rendering parent unfit

Question 18

If extraordinary circumstances are found to exist

Answer 18

best interest of the child will control in determining the custodial rights