Fam Law Ch 7 pt 2

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Author:
missancy
ID:
115815
Filename:
Fam Law Ch 7 pt 2
Updated:
2011-11-09 21:12:21
Tags:
Family Law
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Description:
Family Law Ch. 7 pt 2
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  1. Rights of 3rd parties?
    • No action unless the family is no longer "intact".
    • Standing = legal right for action.
    • Very hard to award a 3rd party custody over the biological parent.
  2. De facto custodian?
    • Person who has taken care of the child
    • must be made a party to the proceeding.
    • can be awarded custody if its in the best interest of the child.
  3. Consideration for de facto?
    • Custodian's wishes
    • the extent of care given
    • parent's intent in placing the child with the custodian.
    • circumstances which the parent allowed the child to remain in their custody.
  4. Grandparent rights & circumstances?
    • Can file for visitation only after the marriage is no longer intact
    • 3 circumstances: parents are deceased
    • marriage of parents has been dissolved
    • child was born out of wedlock and father has established paternity.
  5. Parenting time?
    • Parents are entitled to reasonable parenting rights unless it would endanger the child
    • Indiana provides guidelines
  6. 2 Vistation Schedules?
    • Reasonable rights of visitation (parties work out their own schedule)
    • Fixed schedule (definite dates and time frame)
  7. Supervised v. Unsupervised
    • Supervised = restrictions surrounding the parent's vistiation rights
    • Unsupervised = no restrictions
  8. Parenting Time guidelines
    • Represents the minimum recommended time a parent should maintain with a child.
    • Based on developmental stages of children (infant & toddles, child 3 yrs & older, adolescent & teenager)
    • Standard is 98 overnights.
  9. Duty?
    Statutory duty to support not visit!
  10. Parenting Education Programs?
    • Required to complete before final dissolution hearing.
    • FIT
    • Children Cope with Divorce
  11. Paternity?
    • Must be established first by:
    • action in the court of law
    • executing a paternity affidavit
    • A man is presumed to be the father is they're married, attempted married (300 days).
  12. Rebuttable presumption to paternity?
    • Child lives with the man
    • Man openly holds the child out as his child
    • with Mother's consent.

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