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Family Law AOG > Responsibility for Children > Flashcards

Responsibility for Children Flashcards

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1
Q

Responsibility for children - Gral /whom, what, what not

A
  • Joint - both parent
  • Requires providing support, cost of necessities and care
  • No duty for private or higher education
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2
Q

Responsibility for children -Guiding Pple

A

Best Interest of Children

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3
Q

Responsibility for children -Best interest of children pple - Content / application, grounds for what, intention

A
  • Applies to custody and allocation of resp for parents
  • Relations w/parents maintained unless consistent with pple
  • Grounds for potential appointment of guardian ad-litem or parenting evaluation
  • Try to maintain stability
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4
Q

Responsibility for children - Best interest of children - Lost of potential parental rights/ by whom, grounds (4) SASU

A

Court can override CX rights when:

1) Surrender
2) Abandonment
3) Serious neglect to health/safety
4) Unfitness

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5
Q

Responsibility for children - Permanent Parenting Plans - Gral / purpose, ADR

A
  • To allocate parental right/resp when no (longer) marriage
  • Resolved by dispute resolution (include provision for counseling, mediation, arbitration)
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6
Q

Responsibility for children - Permanent Parenting Plans - Possible Content (3)

A

1) Primary residential placement: with at least 1 parent with whom child spends majority of time.
2) Residential schedule for kids during school year, holidays, vacations, etc / visitation for the non custodial parent
3) Decision making allocation

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7
Q

Responsibility for children -Permanent Parenting Plans - Decision making / types, i.e. subjects

A
  • Can be sole or joint
  • For: non-emergency health, education, religion upbringing
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8
Q

Responsibility for children - Restrictions on contact with children (Negative Factors) HARA + 1

A
  • History of threats to child’s health/safety (abuse, domestic violence)
  • Abuse of child: physical emotional
  • Refusal to perform parental fx
  • Abandonment (wilful) for extended period

+

  • child support
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9
Q

Responsibility for children -Non-parent visitation - Gral rule and exception

A
  • Only available for parents (non-parent can request custody/mistake)
  • Except: grandfathers and/or 3rd party when parent found unfit
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10
Q

Responsibility for children -Permanent Parenting Plans - Modification / gral cause + (4) circumstances

A

When petition of substantial and unforeseable change on parents income and/or childs needs:

1) Substantial deviation from original plan
2) Child’s situation is physical/emotional detrimental
3) Other parent held in contempt twice in the last 3 years
4) Parents agree

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11
Q

Responsibility for children - Parent Relocation - gral rule

A
  • When to new school district
  • notification so non-moving parent can object and seek court intervention
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12
Q

Responsibility for children -Parent Relocation - Factors for court to allow/reject relocation (5)

A

1) Relative strength of relation child/family members
2) Relative harm caused by disrupting relation with non-moving parent
3) Reason for relocation and good faith in the decision
4) Age/stage/overall needs of child
5) Quality of life/benefits for child in new location

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13
Q

Responsibility for children - Permanent Parenting Plans - Interference or failure to comply by parents / effects, retaliation, state agency involvement

A
  • Can be deed crime in most states + grounds for remedies
  • No excuse to default on obligations or withhold child support as retaliation
  • State agency can start child-neglect action
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14
Q

Responsibility for children - Permanent Parenting Plans - Interference or failure to comply by parents - Possible remedies (3)

A

1) Seek enforcement by court
2) Hold the other part in contempt
3) Petition for modification

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15
Q

Natural parent/child relation - gral (Paternity) / applicable law, relation w/marriage

A
  • Under Uniform Child Custody Jdx and Enforcement Act (UCCJEA)
  • Independent of marital status of parents
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16
Q

Presumption of Paternity (3)

A

1) Born during marriage w/child’s mother
2) Born within 300 days after termination of marriage
3) Acknowledgement: Marries mother after born and
a) acknowledges in writing OR
b) Agrees to and name on child birth certificate, OR
c) Promises in writing to support child as own

17
Q

Determination of paternity - Paternity Action- Standing

A
  • By any party with interest
  • Child not necessary as part BUT court can appoint guardian ad litem if consider he needs adequate rep
18
Q

Declaration of non-paternity - Timing for submitting action (2) by presumed father

A

1) Up to 2 years from birth
2) Any time if:
a) presumed father never treated child as own
b) Parent never co-habited or had sexual intercourse at the probable time of conception

19
Q

Genetic Testing of paternitiy /when, effect on refusal to

A
  • When there is a contested declaration of paternity or non-paternity
  • Refusal to take test as presumption of paternity
20
Q

Genetic Testing of paternity- Factors for court consideration to grant it :PATCH

A
  • Probability of outcome
  • Assumption of father’s role
  • Time it took moving party to bring action
  • Child’s age
  • Harm possible
21
Q

Surrogate Parentage and alternative agreement - Gral rules / parental status, presumptions

A
  • Donors (egg/sperm) not parents of child conceived by means of assisted reproduction
  • Husband w/ written consent to wife’s assisted production is presumed father. Not signing doest defeat paternity if he treats child as own.
  • Women who gives birth from donated egg is presummed mother UNLESS written surrogacy agreement signed by donor, donee, doctors, etc AND filed in the respective registry (“alternate agreement”)
22
Q

Adoption - Natural Parent involvement / grounds to loose, procedure of adoption (notice, objection)

A
  • Consent in writing or when rigths terminated bc of abandonment
  • 1 year to seek the decree of adoption to be set aside
  • Notice: 20/30 (in/out of state) for personal service
  • if notice not possible 30 days before proceeding by first class certified mail OR 3 consecutive weekly publications starting 30 days prior of proceeding
23
Q

Adoption - Legal results

A
  • Rights of natural parents are terminated
  • adoptee becomes child/legal heir/lawful issue of adoptive parent + entitled to all right of a natural child
24
Q

Limitations for legal counsel on domestic relations

A
  • No charge on contingency basis
  • No sexual relations with client
  • Not related with opposing counsel
  • Many states require written agreement for representation

Family Law AOG (2 decks)

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