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Family Law > Paternity, Child Support, and Custody > Flashcards

Paternity, Child Support, and Custody Flashcards

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1
Q

If a woman is legally married, there is a presumption that her husband is . . .

A

the bio dad of all of her kids.

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2
Q

If the family, at the time of the child’s birth, has broken apart, but at the time of conception the family was together, how can H rebut the presumption that he is the bio dad of the kid? (2)

A

Show either physical inability or

Lack of access.

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3
Q

If mother is not married, the child is called a . . .

A

Non-marital child

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4
Q

If a mother is not married, what suit do we use to figure out who the dad is?

A

Paternity Suit

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5
Q

PA uses ____ tests for paternity.

A

Blood

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6
Q

Every child in the state is entitled to support from ___________ through age ____

A

Both parents

18

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7
Q

When can child support continue past age 18?

A

When child is disabled and cannot support him/herself.

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8
Q

Generally, a support order will only be entered against a ___-______ parent.

A

Non-custodial

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9
Q

Child support is based on what?

A

Income of the parents

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10
Q

In order to depart from child support guidelines, a court must make a specific finding that . . .

A

Application would be unjust.

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11
Q

Today, a support order must provide a specific dollar amount and a provision requiring . . .

A

Health Insurance

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12
Q

Support orders are continuing obligations, so what three things should we think of?

A

Modification

Termination

Enforcement

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13
Q

In order to modify a support order, you must show a . . .

A

Change in circumstances

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14
Q

In PA, you cannot claim a continued right of support from the _____ of your parent. Why?

A

Estate

Terminates upon death.

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15
Q

To enforce child support, in addition to those remedies available for alimony, a deadbeat parent can have what done with respect to his taxes?

A

Return can be diverted for child support.

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16
Q

If a deadbeat parents has moved out of state, you can use the . . .

A

Uniform Interstate Family Support Act

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17
Q

The UIFSA does what two things?

A

Makes support order enforceable across state lines.

It provides that the state that issued the initial support order will retain exclusive jurisdiction so long as one parent and the kid stay there

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18
Q

Tax consequences of child support?

A

None

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19
Q

Is child support deductible?

A

No

20
Q

Two kinds of custody?

A

Legal

Physical

21
Q

Legal custody refers to what?

A

Decision making power.

22
Q

Physical custody refers to what?

A

Where kid will live.

23
Q

Both legal and physical custody can be joint. T or F?

A

True

24
Q

What standard do courts use to determine custody?

A

Best interests of the child (aka BIC)

25
Q

Some factors that bear in the best interests of the child in PA (custody context)?

A

Wishes of the parties, including the wish of child if over age 12

Health and mental well-being of the parents and children

If any parents has a criminal record or pending charges

If any parent has substance abuse problem.

If there any new companions of the parents

Domestic violence?

26
Q

Which factors are weighed most heavily in the best interests of the child in PA test (custody context)?

A

Those dealing with physical safety.

27
Q

If you get a child custody question, do your best to pretend that the child in question . . .

A

Is a real kid.

Write what you would really do.

28
Q

If you are hung up on the best interests of the child standard, what should you do?

A

Write from your gut

29
Q

Under PA’s new custody law, a court is now obligated to give an explicit statement of what on the record?

A

Reasons

30
Q

Under PA’s new custody law, if a parent has previously committed abuse and is given ANY time with the child, there must be what written into the order?

A

Safety conditions.

31
Q

Under PA’s new custody law, if parents are living separate and apart in the same residence, what is true of a custody order?

A

Not effective until one moves out.

32
Q

Under PA’s new custody law, shared custody is permitted, but there is no . . .

A

Presumption in favor of it

33
Q

If one parent gets exclusive custody, the other is entitled to ____.

A

Visitation.

34
Q

Visitation is/isn’t contingent on child support payments.

A

Isn’t

35
Q

If the custodial parent interferes with visitation, that is punishable as a what violation?

A

Contempt

36
Q

When the child is with the non-custodial parent during visitation time, that parent can do that?

A

What routine parental decisions.

37
Q

*In PA, a non-parent must have ____ in order to begin a custody proceeding.

A

Standing

38
Q

What are the only 2 ways for a non-parent to have standing to begin a custody proceeding?

A

Statutory standing (if a particularly listed relative and the kid has lived with you for a long time)

Be “in loco parentes” to the child (acting like a parent w/ permission of parent)

39
Q

Even if a non-parent has standing to begin a custody proceeding, the non-parent must provide __________ that the child would benefit from being placed with him or her.

A

Clear and convincing evidence

40
Q

If a non-parent is petitioning for visitation, they must make a heavy showing to override the wishes of the parent. T or F?

A

True

41
Q

Visitation rights can be modified by showing . . .

A

A substantial change in circumstances that affects the child.

42
Q

Courts are a bit reluctant to modify custody arrangements because they believe ______ is very important.

A

Stability.

43
Q

Parental Relocation: If the custodial parent wants to move, he/she must first do what?

A

Go to judge and get approval.

44
Q

When considering whether he should approve the move of a custodial parent, the judge must evaluate what?

A

Potential benefits of the move

Potential ulterior motives

Potential arrangements for the noncustodial parent

45
Q

For interstate custody battles, a state can enter the first custody order IF . . .

A

It is currently the home state of the child OR was the home state within the last 6 months

46
Q

Under the Uniform Custody Act, what is a home state?

A

A state in which the kid has lived for 6 months prior to the proceeding.

47
Q

Under the Uniform Custody Act, if there is no “home state (i.e., no state in which the kid has lived for 6 months prior to the proceeding.), pick the state with what?

A

Best connection to the child

Family Law (7 decks)

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