4. Children

Question 1

Substantive Grounds for Termination of Parental Rights:

Answer 1

1. Abandonment
2. Permanent Neglect
3. Abuse
4. A mental illness or developmental disability by the parent that makes them unfit to be a parent
5. If the parent has murdered a sibling of the child.

Question 2

What is an abandonment?

Answer 2

A failure to visit or communicate with your child for a minimum of a six month period in a way that evinces an intent to forego parental rights.

Question 3

Permanent Neglect

Answer 3

When the child has been removed from the home and is in the care of the state and

1. the parent has failed for at least a year to maintain substantial contact, or
2. fails to plan for the future of the child, notwithstanding the agency’s efforts to encourage that failure.

Question 4

What kinds of abuse will be grounds for a termination of parental rights?

Answer 4

Physical or sexual abuse

Question 5

Process for termination of parental rights

Answer 5

1. The case has to be proved by clear and convincing evidence
2. The parent is entitled to court-appointed counsel
3. The case is decided in family court

Question 6

Who can adopt in New York?

Answer 6

1. Married people acting jointly
2. A single adult
3. Two unmarried cohabitants
4. A married minor can adopt her spouses children

Question 7

Who can be adopted?

Answer 7

Anyone

Question 8

Whose consent is required for an adoption if the adoptee is a minor?

Answer 8

Both biological parents

Question 9

How do parents give permission for adoption?

Answer 9

1. You can relinquish the child at or near the time of birth
2. At the time the child is being placed with the adoptive parents

Right to permission is lost if your parental rights have been terminated

Question 10

Whose consent is required for an adoption if the adoptee is over the age of 14?

Answer 10

Its permission

Question 11

Whose consent is required for an adoption if any other party has legal custody?

Answer 11

That person must consent

Question 12

Process of Adoption

Answer 12

1. Permission (if needed)
2. Investigation of the prospective adoptive parents
3. Trial placement of the child with the adoptive parents if they are a minor
4. A hearing to finalize the adoption

Question 13

Child support requirement lasts until:

Answer 13

1. The child turns 21, or
2. Through the completion of a bachelor’s degree if there are special circumstances (academic ability of the child and financial resources of the parent)

Question 14

Modification of child support requires

Answer 14

A showing of change in circumstances

Question 15

Automatic right to ask for a modification if

Answer 15

Three years has passed since the previous modification, or if either parent’ income changes by 15%

Question 16

Non-payment of child support

Answer 16

Same as non-payment of maintenance, plus

1. Can file with the IRS or state lottery
2. Can suspend passport

Question 17

Which state has subject matter jurisdiction over child custody?

Answer 17

A state has jurisdiction to enter a custody order if it is now the home state of the child, or was the home state within the last 6 months

Question 18

Home State:

Answer 18

A state where the child has lived for six months prior to the filing of the case.

Question 19

Substantively, how is child custody adjudicated?

Answer 19

1. Best interest of the child
2. Allows the consideration of any and all factors
3. We do not take any consideration of the parents into consideration

Question 20

What happens in a custody suit between a parent and a non-parent?

Answer 20

There is a presumption that the best interests are served by placing with the parent, unless the non-parent can prove extraordinary circumstances

Question 21

When will visitation be denied to the other parent?

Answer 21

Only denied if there is a threat to his health or safety

Question 22

Visitation of non-parents

Answer 22

Grandparents petitioning for visitation must show special circumstances that would be a detriment to the child’s best interest