Fam Law Ch 7 pt 2
Card Set Information
Fam Law Ch 7 pt 2
Family Law Ch. 7 pt 2
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.
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.
Consideration for de facto?
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.
Grandparent rights & circumstances?
Can file for visitation only after the marriage is no longer intact
: parents are deceased
marriage of parents has been dissolved
child was born out of wedlock and father has established paternity.
Parents are entitled to reasonable parenting rights unless it would endanger the child
Indiana provides guidelines
2 Vistation Schedules?
Reasonable rights of visitation (parties work out their own schedule)
Fixed schedule (definite dates and time frame)
Supervised v. Unsupervised
Supervised = restrictions surrounding the parent's vistiation rights
Unsupervised = no restrictions
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.
Statutory duty to support not visit!
Parenting Education Programs?
Required to complete before final dissolution hearing.
Children Cope with Divorce
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).
Rebuttable presumption to paternity?
Child lives with the man
Man openly holds the child out as his child
with Mother's consent.