Parents and children Flashcards
What guardianship do parents exercise over their children?
Parents exercise joint guardianship with equal powers, rights and duties.
When is there a termination of a guardianship right that doesnt need judicial action?
1) Upon minors’ marriage;
2) When surrendered for adoption;
3) Life imprisonment of parent.
When is there a termination of a guardianship right with judicial action required?
Termination of parental rights in Family Court.
1) Abandonment;
2) Inability to care due to mental illness;
3) Permanent neglect;
4) Severe/repeated child abuse.
What must you do to show neglect?
Show child in near/impending danger and parent did not act reasonably. Must weigh up taking and its harm too.
When are you liable to support your children until?
Until they turn 21.
(a) extended through completion initial college degree if child has academic ability and parents have financial ability
(b) step-parent charged with duty of support if child would have to resort to public assistance otherwise
What are the standard factors the Court will look at regarding child support obligations?
1) Financial resources of parent and child;
2) Physical/emotional health of the child;
3) Standard of living had family remained intact;
4) Tax consequences;
5) Non-monetary contributions.
How might the Court enforce support order?
Through payroll deduction.
What if a child withdraws from your support?
If Milo is economically independent then he has no right to get support.
Is a parent liable for torts committed by their child?
Yes. parents owe a duty to protect others from harm caused by dangerous instrument provided to child who is aware/can control its use.
Liable for children 10-18.
What the kids in the gun for if they commit crimes?
Up to five years for 13-15 year olds who commit felonies. 16-19 may re accorded youthful offender treatment.
What contracts are valid despite infancy?
1) 18 year olds entered it 2) realty contracts related to husband/wife’s home 3) Related to artistic/athletic services 4) Life insurance 5) student loans.
What is a filiation proceeding?
- Brought in Family Court by mother, child, state, father
- Can be filed until child is 21
- Usually DNA evidence (>95% = presumption)
Are children born when their parents are out of wedlock marital?
No they are not, not unless their parents subsequently marry.
Who can be adopted?
Any child or adult provided the purpose is to establish a bona fide parent/child relationship
What is the process for consenting to adoption?
- Consent from all parties
(a) if minor, parents of adoptee
(b) if over 14, adoptee
(c) if in legal custody, legal custodian - OR, demonstration consent legally unnecessary of biological parents if:
(a) parent surrenders child
(b) parent mentally incapacitated
(c) parent goes 6 months no contact (abandonment)
(d) neglect (1 year insubstantial contact)
