parentage

Question 1

marital children-presumption of paternity

Answer 1

husband of a married woman is presumed to be biological father of a child born during the marriage
can be rebutted if lack of sexual access is shown

Question 2

paternity suit

Answer 2

standard of proof: clear and convincing evidence
relevent evidence:
paternity test
mother was living with the alleged father at likley time of conception
the father agree to have the child us his surname
te father claimed the child on a tax reutrn or other official document
a male between the ages of 14 and 18 who is represented by a guardian ad litem ahs admitted paternity

Question 3

child custody

Answer 3

Uniform child custody jurisdiction and enforcement act

Question 4

primary test–home state jurisdiction

Answer 4

home state of child. a child’s home state is the state where the child has lived with a parent for at least 6 months if not state meets that test, jurisdiction is proper in the state

Question 5

exclusive continuing jurisdiction

Answer 5

the Court that made the initial child custody or visitation determination has continuing and exclusive jurisdiction to modify the order
UNTIL:
neither the child nor either parent continue to resident in the state

the child no longer has a significant connection with the state and substantial evidence relating to the child is no longer available in the state–only the issuing state can determine if the second test is met

even when the state is no longer the home state, it retains jurisdiction if the child has a significant connection with the state

Question 6

when does the home state rule not apply?

Answer 6

roving parent problem

significant connection test: court has jurisdiction to enter or modify a child custody or visitation order if no other state has or accepts home state jurisdiction and
the child and at least one parent have significant connection with the state and
susbtantial evidence concerning the child is available in the state