Children

Question 1

What is the marital presumption?

Answer 1

Children born during marriage are presumed to be the child of both spouses

Question 2

When does the statute of limitations run for paternity suits?

Answer 2

Once the child reaches 18. It is tolled prior to then

Question 3

What are the three models used to calculate child support?

Answer 3

(1) Income shares
(2) Percentage of income
(3) Melson formula

Question 4

What is the income shares model?

Answer 4

The child should receive the same proportion of parental income that she would receive if the parents lived together

Question 5

What is the percentage of income model?

Answer 5

Sets support as a percentage of the noncustodial parent’s income

Question 6

What is the Melson formula?

Answer 6

Similar to the income shares model, but also accounts for the minimum amount each parent must retain to meet their own basic needs

Question 7

What is the majority approach for child support?

Answer 7

Income shares

Question 8

How may a child support order be modified?

Answer 8

By showing a substantial change in circumstances

Question 9

What are the two most common changes in circumstances to modify a child support order?

Answer 9

(1) Change of income
(2) Remarriage

Question 10

Can past due child support payments be modified?

Answer 10

No, but they may be forgiven

Question 11

What does the Uniform Interstate Family Support Act do?

Answer 11

Prevents parents from avoiding child support obligations by moving states

Question 12

Under the UIFSA, what is the issuing state’s relationship to a child support obligation?

Answer 12

Retains continuing and exclusive jurisdiction to modify the support order so long as:
(1) A parent or child resides in the state; or
(2) The parents consent that the state has jurisdiction to modify the order

Question 13

Under the full faith and credit clause, when must other states enforce support orders?

Answer 13

(1) Original court had proper jurisdiction
(2) Parties were given reasonable notice and an opportunity to be heard

Question 14

If another state modifies a support order, whose law must that state follow?

Answer 14

The law of the issuing state

Question 15

How can courts obtain PJ over an out-of-state parent

Answer 15

(1) Service within the state
(2) Consent
(3) Residence in the state with child
(4) Residence in state while paying support
(5) Directed child to live in the state
(6) Conception in the state
(7) Parentage registered in the state
(8) Any other constitutional basis

Question 16

How may child support be terminated?

Answer 16

(1) Death
(2) Age of majority
(3) Emancipation

Question 17

When will a court not enforce a custody and visitation plan?

Answer 17

When it is not in the best interests of the child

Question 18

What are the factors courts rely on in determining custody?

Answer 18

(1) Primary caretaker
(2) Child’s wishes
(3) Child’s interactions and relationships
(4) Mental and physical health of all parties
(5) Child mistreatment and DV
(6) Child’s adjustment
(7) Parent’s willingness to foster child’s relationship with the other parent
(8) Parents’ wishes

Question 19

What is the difference between joint custody and visitation?

Answer 19

Under joint custody, both parents have equal rights in making parenting decisions

Question 20

When will a parent be granted visitation?

Answer 20

When they are not granted custody and visitation would not seriously endanger the child

Question 21

How can child custody be modified?

Answer 21

Substantial change in circumstances

Question 22

What are common examples of changes in circumstances for custody?

Answer 22

(1) Remarriage that adds an element of discord of violence in the home
(2) Changed wishes of the child
(3) Custodial parent’s desire to move far from the other parent

Question 23

What is the UCCJEA?

Answer 23

Uniform Child Custody Jurisdiction and Enforcement Act

Question 24

What is the purpose of the UCCJEA?

Answer 24

Provides standards for handling child custody and visitation disputes involving more than one state

Question 25

What are the four jurisdictional bases under the UCCJEA?

Answer 25

(1) Home-state
(2) Significant connection
(3) Default
(4) Temporary emergency

Question 26

What is home-state jurisdiction?

Answer 26

Either:
(1) The state where a child lived with a parent for at least six consecutive months immediately before the commencement of the proceeding
(2) A state that was the child’s home state within six months prior to the filing of the custody case, and one parent continues to live in that state

Question 27

What is significant connection jurisdiction?

Answer 27

(1) Child and parents have a significant connection with the state (more than mere presence)
(2) Substantial evidence is available in the state

Question 28

What is default jurisdiction?

Answer 28

The state in which the proceeding is filed

Question 29

Under the UCCJEA, once jurisdiction is established, for how long does that state retain jurisdiction?

Answer 29

Until either:
(1) No parties remain in that state
(2) Child no longer has a significant connection to that state

Question 30

What is the PKPA?

Answer 30

Parental Kidnapping Prevention Act

Question 31

What does the PKPA do?

Answer 31

Requires courts to give full faith and credit to child custody orders even though they are not “final”

Question 32

What scrutiny is applied to classifications based on legitimacy?

Answer 32

Intermediate scrutiny

Question 33

How may parentage be established?

Answer 33

(1) Voluntarily acknowledgement of paternity under oath or in writing
(2) Filiation of a paternity proceeding
(3) Father’s consent to being named on birth certificate
(4) Father undertaking responsibility for child care and holding the child out as his
(5) Parents’ marriage after the child’s birth

Question 34

When is an unmarried biological father entitled to the same parent-child relationship protections that mothers and married fathers enjoy?

Answer 34

When the father:
(1) Grasps an opportunity to foster a relationship with the child; and
(2) Assumes the obligations of parenthood

Question 35

What can a child NOT sue his parents for?

Answer 35

Negligent discipline, supervision, or care

Question 36

What must a court find to terminate a parent’s parental rights?

Answer 36

(1) The child is in imminent danger of serious physical or emotional harm; and
(2) There is nothing less drastic than termination