Child Support/Custody

Question 1

Parents Obligations

Answer 1

parents have equal responsibility under the circumstances
- obligations are paid on the child support needs not parents ability to pay

Question 2

Duration of Child Support

Answer 2

Until 18 (age of majority)
- may also be extended through college or if they have a disability

Question 3

Non-marital Children

Answer 3

Historically, they were entitled to child support
Currently, cant be denied benefits based on marital status (establish paternity before dad dies)

Question 4

When non marital kids become marital

Answer 4

if the parents marry after the birth of non marital child, father consents to name of birth certificate, father holds himself out to be father, judicial decree

Question 5

Obligation to Pay child support end?

Answer 5

until reaches the age of majority, or emanciapted.
- can continue through college or indefinitely if the child has some disaility

Question 6

When can husband pay child support for wife’s child even if he is not biological father?

Answer 6

• There is representation by the husband that he would provide for his child
• wife relied on it
• wife suffered economic detriment as result of reliance

Question 7

Evidence to determine paternity

Answer 7

Blood Test, Prior Statements regarding paternity, medical testimony, defendants knowledge of paternity, some state may rely on resemblance

Question 8

When can court deviate from child support

Answer 8

circumstances warrant deviation, finding explaining the decsion, and amount that should be awarded.

Question 9

Modifcation

Answer 9

substantial change in circumstances about the child’s needs or parents $$ situation.
- situation must be continuing rather than temporary

Question 10

When may a child become emancipated

Answer 10

minor child is self supporting and beyond sphere for influence of parents

Question 11

Who has Jurisdiction to modify child support order

Answer 11

state court with continuing jurisdiction
- another state may not modify rendered by a court of continuing jurisdiction unless the parties including the child no longer reside ni the state

Question 12

Enforcement of child support and spousal

Answer 12

civil contempt, income withholding, withholding of tax refunds

Question 13

Custody arrangement favored by the court?

Answer 13

Presumption of Child custody
- doesn’t require it but favors

Question 14

Weight given to parents decision regarding their children

Answer 14

fit parent has the controlling authority and must give weight if they dont want the non parent to visit

Question 15

when may a father be prevented from objecting to adoption

Answer 15

if the father does not demonstrate commitment to responsibilities of parenthood

Question 16

Purpose of adoption registries

Answer 16

determine the identity and location of putative father and give notice

Question 17

retroactive child support modification

Answer 17

occur while cause of action is pending
- States can’t retroactive modify child support before the date of service of process

Question 18

Prospective modificatioin

Question 19

what is child custody?

Answer 19

custody of child, determined by the court, that consist of legal an/or physical custody

Question 20

What are the types of custody

Answer 20

legal custody allows you to make decision for the child

physical custody is the right of the child to reside with the parents

joint custody (favored) shared legal and or physical custody

Question 21

What is the standard to determine child custody

Answer 21

The best interest and welfare of the child.

There is a presumption that the natural parent is in the best interest of the child unless deemed unfit

Question 22

What are the factors to determine best interest of the child?

Answer 22

wishes of the child, which parents acts as primary caretaker, any domestic violence, opinion of guardian ad item

cant consider race or religion or in most state sexual conduct of parents

Question 23

What is de facto parent?

Answer 23

A parent that the child has lived with for several years, can be used to rebut presumption that natural parent is fit if the natural parent has little or no contact with cild or is unfit

Question 24

Modification for Child Custody

Answer 24

substantial and unforeseen circumstances

failure to pay child support is not basis to modify

Question 25

Time limit on modification

Answer 25

some court require a waiting period before modification can be considered

Question 26

What is presumption for vistation?

Answer 26

rebuttable presumption that noncustodial parent should be granted reasonable vistation with child

denial only allowed if eddanger child mental, physical or emotional health

Question 27

How to modify vistation?

Answer 27

substantial and unforeseen change in circumstances

Question 28

Can fit parent deny right to fit parent?

Answer 28

yes

Question 29

What are unwed biological fathers rights?

Answer 29

due process right to have contact with his child if he demonstrates commitment to responsibilities