Parents and Children

Question 1

When are parental rights terminated without judicial action?

Answer 1

Upon:

1. the minor’s marriage (though guardianship of the minor’s property continues),
2. surrender of the minor to an authorized adoption agency, OR
3. life imprisonment of the parent.

Question 2

When are parental rights judicially terminated?

Answer 2

In the following cases:

1. Abandonment (for 6 months or more);
2. Inability to care for a child due to mental illness;
3. permanent neglect, OR
   a. Needs to be for 1 year
   b. A finding requies that (i) the child is in near or impending danger; and (ii) the parent did not act as a reasonable parent would under similar circumstances.
   c. The risk to the child must be balanced with the harm that removal would cause.
4. severe or repeated child abuse.

Question 3

What is the standard of proof for judicial termination of parental rights?

Answer 3

The standard of proof is “clear and convincing evidence.” Unlike custody proceedings, judicial termination is total and irrevocable.

Question 4

What are parents’ support obligations? How will they be enforced?

Answer 4

Parents are liable for the support of children under the age of 21. The court will make its award for child support after consideration of all relevant factors, including:

1. the financial resources of the parents and those of the child;
2. the physical and emotional health of the child;
3. the standard of living the child would have enjoyed had the family remained intact;
4. the tax consequences to the parties, and
5. the nonmonetary contributions that the parents will make toward the care and well being of the child.

Child support obligations may be enforced through a “payroll deduction order.” Failure to provide support when legally required and able to do so may result in criminal prosecution for non-support of a child.

Question 5

What is a filiation proceeding?

Answer 5

It is a proceeding in family court that is used to parental status.

Parental status must be established by clear and convincing evidence.

Question 6

What is paternity by estoppel?

Answer 6

A court may declare paternity (or refuse to do so) irrespective of biological fatherhood if it is in the best interests of the child.

Question 7

Who can adopt a child?

Answer 7

An adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person.

Question 8

Whose consent is required for an adoption?

Answer 8

A child who has reached the age of 14, unless judge or surrogate exercises his discretion to dispense with this requirement.

If the child is a marital child, it requires consent of both birth parents.

If the child is a non-marital child, mother is required, and father is required IF he has committed acts of parental responsibility (e.g. acknowledgment of paternity, payment of pregnancy and birth expenses, steps taken to establish legal responsibility, and other factors showing commitment to the child). In the case of a newborn, father must show willingness to assume custody, not merely block the adoption by others.

Question 9

When is parental consent unnecessary in adoption?

Answer 9

Consent is not required from any parent who:

1. abandoned the child;
2. surrendered the child to an authorized agency for adoption;
3. has been superseded by a guardian appointed under statute;
4. by reason of mental illness or retardation, is unable to provide proper care for the child;
5. has been found to have permanently neglected the child; or
6. executed an instrument denying paternity or consenting to the child’s adoption.