Parent-Child Relationship Flashcards
Child
A child is a person younger than 18 who is not and has not been married who has not had the disabilities of a minor removed. Person over the age of 18 is a child if a parent must pay child support for that person.
Once a child reaches the age of 16, becomes self-supporting, and is living separate from parents/etc. he may petition the district court tot have his disability removed. Upon removal, he will have all legal rights and responsibilities of an adult.
Parent
A “parent means the mother (on proof of giving birth(, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who has acknowledged his paternity under applicable law, or an adoptive mother for father.” “The parent-child relationship extends equally to every child regardless of the parent’s marital status.”
Paternity Presumption (When, Rebuttal, SOL)
A man is presumed to be the father of a child if:
1) The child was born during a marriage, or within 301 days of a marriage that ends by death, divorce, or annulment (even if the marriage was void or voidable)
2) After child’s birth, a man married to the child’s mother voluntarily asserts paternity in a record filed with the Bureau of Vital Statistics, was voluntarily named as the child’s father not he birth certificate, or promises in a written record such as email to support the child; or
3) During the first two years of the child’s life, a man lives in the child’s residence and holds himself out to others as the child’s father
To rebut a paternity presumption, genetic test results must exclude a man as a father or there must be an acknowledgement of paternity by another man.
Generally, there is a 4 year SOL on challenges to a presumption of paternity. However, when a court determines that the mother and presumed father did not cohabit or engage in sexual intercourse and the presumed father did not hold out himself to others as the father, then there is now statue of limitations.
Rights & Duties of parent
A parent of a child has the following rights and duties:
1) The right to have physical possession of the child, to direct the child’s moral and religious training, and designate child’s residence
2) Duty of care, control, protection, and reasonable discipline
3) Duty to support child, including clothing, food, shelter, medical/dental, and education
4) Duty, except when guardian of child’s estate appointed, to manage child’s estate
5) Right to child’s services and earnings
6) Right to consent to child’s marriage, enlistment in military, medical/dental care, and psychiatric, psychological, and surgical treatment
7) Right to represent child in legal action and make other legal decisions
8) Right to receive and give receipt of payments of support of child and to hold or disburse fund for child’s benefit
9) Right to inherit from and through child
10) Right to make decisions about education
11) Any other right or duty existing between parent/child by a virtue of law
This duty exists while child is unemancipated minor and continues as long as child is fully enrolled in secondary school leading toward a high school diploma and complies with attendance requirements.
Parents have right to corporal punishment.
Parents also may be held liable for property damage proximately caused by child, if older than 10 and younger than 18 and engages in willful/malicious conduct. Limited to $25K per act + court cost and attorney’s fees.
Delegation of Parental Duties
Texas Legislature authorizes parents to “farm out” certain rights to child’s grandparents, adult sibling, or adult aunt or uncle.
Suit Affecting the Parent-Child Relationship (Generally)
SPCR must state specific grounds for termination or appointment of the managing conservator.
SAPCR: Standing to File Suit
The following individuals may file a SAPCR:
1) Parent
2) Child
3) Managing or possessory conservator
4) Guardian
5) Governmental entity
6) An authorized agency
7) Licensed child-placing agency
8) A man alleging himself to be the father of child through filing under chapter 160
9) A person who has been named as a prospective adoptive parent of a child by a pregnant woman or the parent of the child, in a verified written statement to cover standing under 102.0035, regardless of whether child has been born.
10) Foster parents who have had custody for 12 months and others who have had custody for 6 months
11) Grandparent (or other person w/ substantial past contact w/ child) might be able to if your that satisfactory proof that “appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair child’s health or emotional development.”
Note: The only right an alleged father has is to bring a paternity action to prove his fatherhood.
SAPCR: Venue
A SAPCR must be filed in the county where the child resides unless it has been joined with a divorce proceeding in which case, the venue would be controlled by the divorce action. The child resides where his parents or guardians reside. The venue may not be modified by an agreement of the parties.
SAPCR: Continuing Exclusive Jurisdiction
The court that enters the final decree in a SAPCR retains exclusive jurisdiction over all parties and further matters involving the child, except if a parent seeks transfer due to a change of the child’s residence. Any modifications, including managing custody, visitation, child support, possession, and access must be adjudicated by the same court entering the decree.
A SAPCR transfer is mandatory if a child has moved to a new county and resides there for at least six-month period. One of the parties must raise the transfer.
SAPCR: Long Arm Jurisdiction
A court may obtain personal jurisdiction over a nonresident if one of the following conditions is met:
1) The person is personally served with citation in TX
2) Th person submits to the jurisdiction of TX by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to PJ
3) The child resides in TX bc of the acts or directives of the person
4) Th person resided with the child in TX
5) Th person resided in TX and provided prenatal expenses or support for the child
6) The person engaged in sexual intercourse in TX and the child may have been conceived by that act
7) The person registered with the paternity registry or signed an acknowledgment of paternity of a hold born in this state
8) There is any basis consistent with the constitutions of TX and the US for the exercise of the PJ
SAPCR: Procedural Aspects
A court may order parents to attend and education course
Blah blah blah look at 105-107
SAPCR: Parenting Plan
A SAPCR final order tied to dissolution proceeding must provide a parenting plan that establishes the parent’s rights and duties. In low conflict cases, parents are encouraged to develop a plan that addresses:
1) Rights and duties of each parent as they relate to the child
2) Child support
3) Possession of and access to child; and
4) Optimal development of a close and continuing relationship between each parent and the child
Court ultimately determines if plan is BIC and can order parents to revise the plan, or create a plan if court does not think revisions are BIC.
In high-conflict, parents can request or court can appoint a parenting coordinator.
Court may also appoint a parent facilitator–non-confidential capacity.
