Exam 2

Question 1

The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds_________.

Answer 1

family violence

Question 2

The court can appoint an attorney to represent an indigent parent under what circumstances:

Answer 2

1. contempt filed by governmental agency requesting jail time
2. termination filed by governmental agency

Question 3

A termination order cannot be attacked 6 months after it is entered. True / False

Answer 3

False

Question 4

Three ways to determine the parentage of a child by a man is:

Answer 4

a. AOP
b. presumed
c. Adjudicated

Question 5

After a determination of paternity, a party should furnish the judgement to: _________. This is done for the preparation of a birth certificate.

Answer 5

BVC ( bureau of vital satistics )

Question 6

The purpose of a Gestational Agreement is:

Answer 6

to determine the rights of the parties

Question 7

In Texas, the custodial designations are:

Answer 7

a. JMC
b. SMC/possesory

Question 8

In Texas, there is a rebuttable presumption that one parent be appointed Sole Managing Conservatorship. True / False

Answer 8

False

Question 9

The primary difference between the two parents when they are appointed Joint Managing Conservators is:

Answer 9

1 parent has the exclusive right to determine the primary residence of the child.

Question 10

Limiting the primary residence of a child to a geographic restriction implies:

Answer 10

domicile restrictions

Question 11

It is customary to define the geographic restriction in terms of the state. True / False

Answer 11

False

Question 12

If a parent has relinquished possession of a child over_________, there is no longer a presumption that the parent be awarded _________ or _________ of the _________.

Answer 12

1 year
JMC
SMC
child

Question 13

A non-parent will find it difficult to a win a contested custody suit against a parent unless the evidence demonstrates that a parent is not _________ or has _________ the child to another as called for in the statutes.

Answer 13

fit
voluntarily relinquished

Question 14

A person, other than a foster parent, who has had actual care, control, and possession of the child for at least _________ ending not more than 90 days preceeding the date of the filing of the petition has standing to file a suit for custody of the child.

Answer 14

6 months

Question 15

A motion may be filed with the court requesting that the _________ speak to the child. The law changed where a child _________ or older may not longer file with the court in writing the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child.

Answer 15

judge
12 years

Question 16

The IV-D agency of the state promulgates _________ each year. The purpose of the _________ is _________.

Answer 16

child support chart
chart
to calculate support

Question 17

If one of the parties wanted the judge to speak to a child who is party to a suit the party would prepare a _________.

Answer 17

motion for judge to confer with the child

Question 18

A man in the presumed father of a child when the _________.

Answer 18

child was born during the marriage

Question 19

A _________ would be requested to determine the parentage of a child to a man.

Answer 19

paternity test

Question 20

A valid unrescinded, unchallenged _________ is equivalent to a judicial determination of paternity.

Answer 20

AOP

Question 21

For an adoption of a child to be effective, there must be a _________ of Parent/Child Relationship on file.

Answer 21

termination

Question 22

What are the two common costs paid by the Obligor that can be deducted from the gross earnings to calculate child support?

Answer 22

a. insurance for the child
b. union dues

Question 23

What are the three subjects concerning the children that are determined by a SAPCR suit?

Answer 23

a. custody
b. visitation
c. child support

Question 24

Upon a finding of parentage, the court may order _________.

Answer 24

retroactive child support

Question 25

What other costs can be assessed against a person once there is a finding of parentage of a child?

Answer 25

pre-natal and post-natal

Question 26

A man is rebuttably identified as the father of a child if the genetic testing results disclose that the man has at least a _________% probability of paternity.

Answer 26

99

Question 27

_________ is a prerequisite for an adoption. The identity of the father needs to be established so that he can either claim the rights and obligation of a parent to permit an adoption of the child.

Answer 27

Termination

Question 28

A man who registers with the _________ and who may have fathered a child is given some protection against and unknown or unwanted termination or adoption suit because it requires the man to be given notice of the suit.

Answer 28

Paternity Registry

Question 29

A court may deny a motion for an order for genetic testing if it is _________ to disprove the father-child relationship.

Answer 29

inequitable

Question 30

In calculating child support, the percentage of an obligor's net wages for 1 child is: _________, for 2 children;_________, for 3 children is;_________, presuming that he does not have any other children.

Answer 30

20% 25% 30%

Question 31

As a tort claim, a breach of fiduciary duty is described as:_________ or secreting of property to the detriment of the other party.

Answer 31

wasting

Question 32

A __________________ division of property remains the sole method to account for and divide community property in a divorce.

Answer 32

just and right

Question 33

The court has the authority to _________ debt between spouses, BUT it does not _________ a party from a debt awarded to the other spouse.

Answer 33

divide discharge

Question 34

A petition in _________ filed in federal court will stop family law proceedings. An attorney can be _________ for proceeding during this time.

Answer 34

bankruptcy sanctioned

Question 35

A _________ permits a non-employee former spouse to receive their share of retirement benefits directly.

Answer 35

QDRO

Question 36

A law does not requires a _________ split. TFC 7.001 provides that the property shall be divided in an _________ with regard for the rights of each party and any children of the marriage.

Answer 36

50/50 equitable

Question 37

The court will look at the following items when determining how to divide the property: Factors in dividing property (8 including Nature and Extent of the Property)

Answer 37

1. finding family violence 2. duration of marriage 3. earning capacity 4. disabled child 5. future needs 6. education of parties 7. separate property owned

Question 38

The court may disregard the existence of a separate entity as being fictional. The corporation really did not exist, and is deemed to belong to the spouse. The court can divide or award assets of the corporation as if they simply belonged to the individual owning the business. This is refereed to as __________________.

Answer 38

piercing the corporate veil

Question 39

Two of the teacher's pet peeves in legal darfting are omitting; a. _________ numbers on documents, and b. _________ identifying the case and document for the court clerks and including [*_________*], which counts off 6 points each.

Answer 39

case footer brackets

Question 40

Under Section 153.004, the court shall consider a __________________ in determining whether to deny, restrict, limit the obsession of a child by a parent who is appointed a possessory conservator.

Answer 40

finding of family violence

Question 41

It is rebuttably presumed that, as additional child support, the obligor shall be responsible for providing _________ and __________________ for the children who are subject to the suit .

Answer 41

dental health insurance

Question 42

A Gestational Agreement that has not been validated by the court is enforceable as a contract between the parties. True / False

Answer 42

False