Parent-Child Relationship

Question 1

Paternity/legitamency

Answer 1

• Legitamancy
  
  • child born to a parent s prior to of subsequent entering of marriage whether it is void or voidable
  • conceived before commencment of action
  • child born or conceived while ptys married - have to overcome presumption with clear
    & convincing evidence

Question 2

Suits to establish paternity?

Answer 2

• Can be brought by:
  
  • during prenancy or after birth
• Not brought by:
  
  • after 21 unless paternity established in writing or by payment of support

Question 3

Proof of paternity

Answer 3

• child or it own motion or motion of any pty
  
  • may order, mother, child & alleged father to submit to DNA test
• MEANS
  
  • genetic markers
• TEST
  
  • 95%+ rebuttal pressumption
• Cts can also get testimony

Question 4

Rights for Support/Inheritence for out of Wedlock Children

Answer 4

• if paternity, there will be an order of filitation
  
  • custudy & payments until child 21
  • reasonable expenses of the pregnancy
  • necessary expenses incurred by the mother for recovery
  • funeral expenses if child dies
• No defense that the mother said she was on birth control
• Child of an unmarried mother is always child of mother & can inherit from maternal side

Question 5

When can an otof wedlock child inherit from father & father’s side?

Answer 5

• ct makes order of filiation during lifetime of father
• acknowledge with the dept of Social service
• paternity is established by clear & convincing evidence
  
  • father openly & notorious acknoledge child as own
• blood test/DNA

NOTE = Child or father can recover for suits of wrongful death & workers compensation

Question 6

Who can adopt?

Answer 6

• any single adult person or married couple
• Minors
  
  • generally no
  • minor spouses can w/parental consent
• Refuse:
  
  • if not intended for parent-child relationship
• Best interest of the child must be promoted

Question 7

What consent is required for adoption?

Answer 7

• child under 18:
  
  • consent of both parents or surviving parents of a legitimate child
  • mother of a nonmarital child
  • agency/person having a child
  • consent of the ct
• Natural mother
  
  • may revoke consent

Question 8

What is required for a notice of adoption?

Answer 8

• TO WHO
  
  • any person whose consent is required who has not already provided
• CONTAIN
  
  • date, time place & purpose
  • inform that failure to appear constitute a denial

Question 9

What is the effct of adoption?

Answer 9

• new relationship created
• severence from previous parent
• UNLESS adoption is by grandparent or decedent

Question 10

Termination of paretnal rights

Answer 10

• Extradinary circumstances:
  
  • abandonment for 6+ months
  • permananet neglect
  • severe or repeated abuse
  • mental illness or retardation that renders the parent unfit to care of the child
• STANDRAD
  
  • best interst of the child controls