Term of PCR

Question 1

term

Answer 1

-court can term if it’s in BIOTC

Question 2

typical reasons for term- abandonment

Answer 2

i) Voluntarily left the child alone or in a non-parent’s possession and expressed an intent not to return;
ii) Voluntarily left the child alone or in a non-parent’s possession without expressing an intent to return, without providing for the child’s adequate support, and remained away for a period of at least three months;
iii) Voluntarily left the child alone or in another’s possession without providing for the child’s adequate support and remained away for a period of at least six months;

Question 3

placing child in dangerous situation

Answer 3

v) Knowingly placed or knowingly allowed the child to remain in conditions or surroundings that endangered the child’s physical or emotional well-being;
v) Engaged in conduct or knowingly placed the child with persons who engaged in conduct that endangers the child’s physical or emotional well-being;

Question 4

failure to provide support

Answer 4

vi) Failed to support the child in accordance with the parent’s ability during a period of one year ending within six months of the filing of the petition;

Question 5

criminal act-pregnancy

Answer 5

A court must terminate the parent-child relationship if it finds by clear and convincing evidence that the parent engaged in sexual abuse or assault resulting in the victim’s pregnancy and that termination of the parent-child relationship is in the child’s best interest.
- if the parents of the child were married or cohabiting for the first two years after the child’s birth, then the court has discretion to terminate the parent-child relationship if the parent has been convicted of the sexual abuse or assault resulting in the victim’s pregnancy and BIOTC

Question 6

guardian and atty ad litem

Answer 6

• In a suit brought by a governmental agency to be the conservator or to terminate the parent-child relationship, an attorney ad litem must be appointed for the child.
• In an SAPCR seeking to terminate the parent-child relationship, a guardian ad litem must be generally be appointed

Question 7

vol term proceedings

Answer 7

• often arises in realtion to step-parent adoption but can arise in other situations
  1) must sign an aff relinquishing parental rights
  2) must be a knowing and voluntary waiver

Question 8

effect of termination

Answer 8

• severs P-C relationship for nearly all purposes
• children may still inherit from a parent who term rights
• any child support owed prior to term is still owed but not after term

Question 9

paternity-venue

Answer 9

• county where the child resides
• where respondent resides if kid doens’t live in TX
• can be brought by mom, dad, child or certain agencies

Question 10

Paternity Presumption (heavily tested)

Answer 10

A man is presumed to be a child’s father if:

i) He is married to the child’s mother and the child is born during the marriage;
ii) He is married to the child’s mother and the child is born within 300 days of when the marriage (or void or voidable marriage) ends by death, annulment, declaration of invalidity, or divorce;
iii) He married (or attempted to marry through a void or voidable marriage) the child’s mother after the birth and voluntarily asserted his paternity and:
a) The assertion is in a record filed with the Bureau of Vital Statistics;
b) He is voluntarily named as the child’s father on the child’s birth certificate; or
c) He promised in a record to support the child as his own; or
iv) During the first two years of the child’s life, he continuously resided in the child’s household and represented to others that the child was his own.

Question 11

rebutting pat presumption

Answer 11

If the presumed father files a valid denial of paternity in conjunction with another man’s filing of a valid acknowledgment of paternity, this rebuts the presumption of his paternity.

or genetic testing– test shows 99% probability of paternity (can also be excluded through testing)

Question 12

paternity by estoppel

Answer 12

a court may deny a motion for a genetic testing order if a court determines that:

i) The conduct of the mother or the presumed father estops that party from denying parentage; and
ii) It would be inequitable to disprove the father-child relationship between the child and the presumed father.
* only applies to married people*

Question 13

SOL

Answer 13

• no presumed dad= no SOL

- presumed dad= suit to adjudicate paternity must be brought within 4 years of the child’s birth

Question 14

paternity acknowledgement

Answer 14

• A mother and presumed father may file an acknowledgement of paternity at the Bureau of Vital Statistics before or after the child’s birth.
• An acknowledgement of paternity is equivalent to a judicial determination of paternity.
• Rescission of the acknowledgement or denial of paternity may be made no later than 60 days after the filing

Question 15

child safety

Answer 15

-TX provides risk factors to analyze whether child is at risk for international abduction:

• If the court finds there is credible evidence of a risk of abduction after reviewing these factor, can impose prevention methods
• withhold passport, rstricting chld’s travel, requiring supervised vacation, appointing someone other than parent as SMC

Question 16

attorney duty-child abuse

Answer 16

• duty to report within 48 hours of learning

- other professionals have this duty– doesn’t violate privilege