Parents and Children Flashcards
(18 cards)
What is the presumption of marital legitimacy regarding parentage?
Children born to or conceived by a woman while she is married are the children of the woman and her spouse.
This presumption may only be rebutted by clear and convincing evidence that the mother’s spouse was not the parent.
How can a husband challenge paternity under the presumption of marital legitimacy?
Many states allow DNA evidence to challenge the husband’s paternity within a few years of the child’s birth, typically within two years.
If the husband suspects he is not the father, he can challenge paternity usually within this time frame.
What is the doctrine of estoppel in the context of parentage?
The doctrine of estoppel prevents a husband from denying paternity if he continues to support and hold out the child as his own after learning he is not the biological father.
It also applies to the mother if she allows another man to believe he is the father and accepts child support from him.
What is the time limit for an unmarried parent to establish parentage when there is a presumed parent?
Many states provide a two-year limit to establish parentage when the alleged child has a presumed parent.
This period is considered sufficient to resolve the issue without prolonged uncertainty for the child.
Under the Uniform Parentage Act (UPA), when is parentage presumed?
Parentage is presumed when:
* the couple marries before the child’s birth
* the other parent voluntarily asserts parentage after the child’s birth
* the other parent resided with the child for the first two years and held out the child as their own.
What is the burden of proof for establishing parentage through DNA tests?
The burden of proof is a preponderance of the evidence for DNA tests.
For marital presumption, the burden is clear and convincing evidence.
What rights do non-marital children have compared to marital children?
Non-marital children are constitutionally guaranteed equal rights to support as marital children.
What rights do parents have regarding custody and control of their children?
If both parents are competent and not unfit, they are entitled to custody and to direct the education and medical care of their children.
What is the family privacy doctrine?
The family privacy doctrine implies that courts will not interfere with disputes between spouses regarding educational preferences.
What is required for a non-parent to seek custody or visitation rights?
Significant deference must be given to a legal parent’s objection to visitation, and a finding of parental unfitness or harm to the child is typically required to override a parent’s decision.
At what age does a parent’s obligation to support a child generally terminate?
A parent’s obligation to support a child generally terminates when the child reaches the age of majority (18 in most states).
Under what conditions may parental rights be terminated?
Parental rights may be terminated through:
* Emancipation by the child
* Voluntary relinquishment by the parent
* Involuntary termination by the state.
What is required for the voluntary relinquishment of parental rights?
The relinquishment must be:
* Signed after the birth of the child
* Objectively confirmed, such as by an oath in front of witnesses
* May state whether it is revocable or irrevocable.
What is the standard of proof for involuntary termination of parental rights?
The standard of proof is clear and convincing evidence of parental unfitness.
What is the definition of equitable adoption?
Equitable adoption occurs when an individual assumes a parent-child relationship without formal adoption paperwork, behaving as a parent and child.
What is the primary consideration for a court when deciding on an adoption petition?
The court will decide based on the determination of the child’s best interests.
What happens to the legal status of biological parents after an adoption is finalized?
The biological family is no longer the legal family, and the adoptive family becomes the legal family for all purposes of the law.
Fill in the blank: A minor child is considered free for adoption if the child has no living parents, or the rights of the parents have been _______.
terminated.
