Questions and Answers of Family Law

What is meant by the term "natural parent preference"?
What was the common law status of grandparents in relationship to their grandchildren?
What considerations prompted the passage of grandparent visitation statutes?
Under what circumstances do most grandparent visitation statutes permit a grandparent to seek visitation rights? Why did the Supreme Court invalidate Washington's grandparent visitation statute?
Explain the concept of "standing."
What is the traditional legal status of stepparents? How has this begun to change?
What approach has the law typically taken with regard to the parenting rights of a lesbian co-parent?
Explain the concept of de facto parent. What considerations does a court take into account when deciding whether someone qualifies as a de facto parent? Why is the element of consent so important?
What other theories might a co-parent rely on to establish her parenting rights?
In determining custody, what weight do you think "moral" considerations should have? Do you think it is possible for judges to set aside their own views of morality when making decisions about
What role do you think considerations of a child's cultural/racial heritage should play in a custody dispute? What are the potential benefits of giving weight to this factor? What are the potential
Would you allow a grandparent to have visitation rights with a grandchild over the objections of the parent(s)? What factors do you think a court should weigh in making these determinations?
Starting with the traditional legal approach, discuss the myriad ways in which the law has responded to the parenting claims of same-sex coparents. What do you see as the strengths and weaknesses of
Many fathers' rights organizations have argued that unless a court can order joint custody even where one parent is opposed, men will never be treated fairly. What do you think of this position?
Assuming a relocation decision is made in good faith, do you think the court should give greater weight to the desire of the custodial parent to move or to the noncustodial parent's wish to maintain
The parties were married in March of 1985 and two sons were born of the marriage. William Raphael P. III (Billy) was born in May of 1985 and Mark Patrick P. was born in July of 1986. The record
Ed Danti appeals the divorce decree entered between himself and his exwife, Michelle Danti, particularly challenging the provisions awarding Michelle sole physical custody of their two children and
The following facts were established at trial. V.C. and M.J.B., who are lesbians, met in 1992 and began dating on July 4, 1993. On July 9, 1993, M.J.B. went to see a fertility specialist to begin
Why did the federal government decide to enter the child support field?
When was the federal Office of Child Support Enforcement established, and what is its function?
What is a IV-D agency, and what is its role in the child support field?
What must a custodial parent do when applying for public assistance? What is the nature of the parent's relationship with the IV-D system?
How does a custodial parent who is not on public assistance access the services of a IV-D agency?
What is a parent locator service?
Explain how child support guidelines work, making sure that you include an explanation of the concept of deviation.
Identify and explain the various guideline approaches.
How do states generally define income?
What is meant by imputed or attributed income, and when is this concept used?
Explain the terms "gross income," "adjusted gross income," and "net income" in the child support context.
How do guidelines typically treat income of the custodial parent's new partner?
How do guidelines treat the income of a child?
Where a parent is ordered to pay support for a second family, how is his or her prior support order usually accounted for?
How do guidelines treat the situation where an obligor wants to pay less to his first family because he now has a second family with minor children?
Explain the concept of extraordinary expenses and how states treat them when determining support.
When might visitation arrangements trigger an adjustment in support?
Why do courts generally not terminate support where parents have joint custody? What approaches do courts take in these situations?
What kinds of databases exist at state and federal levels, and what roles do they play in the child support system? What concerns have been raised about them?
Explain how income withholding works. When can an income withholding be bypassed?
What is a lien, and what role does it have in the child support context?
What is the concept of a tax refund intercept?
What is the function of the central registry in an interstate case?
What is the overall purpose of UIFSA? What are its key provisions?
What does FFCCSOA require?
What role do private support collection agencies seek to fill? What arguments have been raised in favor of and against such an approach?
What is the goal of a criminal nonsupport case? How is the civil goal of supporting children accomplished?
Explain the difference between criminal and civil contempt.
Explain the two ways in which support orders can be changed.
What is the relationship between support and visitation?
What circumstances might trigger a termination of support prior to majority?
What circumstances might permit a continuation of support after majority?
What approaches do states take with respect to post-minority support for children who are attending school?
As a general matter, what tax impact does child support have?
Explain the tax rules regarding unallocated support awards.
Who is entitled to the dependency exemption? How can the other parent become entitled to it?
Despite all the legislative changes discussed in this chapter, serious concerns still exist regarding the inadequacy of support payments and noncompliance with support orders. Why do you think child
Let's take a hypothetical case: A couple divorces when their child is three years old. Mom has custody, and Dad moves out of state. For the first few years, Dad sees the child regularly, but now he
Here's another hypothetical: Two parents divorce. Dad has custody of the two children, ages two and four. He works half-time. Mom is a corporate executive and hates her work. She earns a good salary
Should judges be able to order divorced parents to contribute to their children's college education?
Do you think private support collection agencies are a good idea? Do you think they benefit or harm children?
Less than two years ago, this Court decided Webbv. Sowell, 387 S.C. 328, 692 S.E.2d 543 (2010), which held that ordering a non-custodial parent to pay college expenses violates equal protection, thus
Appellant Mary M. Colonna (Mother) and Appellee Robert J. Colonna (Father) were married in 1983 and separated in 1996... At the time of separation, the parties agreed to a temporary order of shared
In 1994, Father was arrested for sexually assaulting Amy, who was eleven years old at the time. He was ultimately convicted of aggravated indecent assault and has been incarcerated for that crime
Identify the categories of individuals who can adopt children.
Define and distinguish between an independent and an agency adoption.
Define and give an example of an equitable adoption.
Define and distinguish between an open and a closed adoption.
Identify the basic steps in the adoption process.
Describe the nature and significance of the “biologyplus rule.”
Describe the tort of interference with parental relationships.
Describe the nature and purpose of putative father registries.
Identify the kinds of circumstances in which a parent’s rights may be terminated.
Identify the nature and purpose of permanency planning.
Describe the nature and purpose of “safe haven laws.” Is there any downside to such laws?
Describe the nature and potential significance of an at-risk adoption.
Identify who must consent to an adoption and under what circumstances a consent can be revoked.
Describe the role race plays in adoption determinations.
Describe the role sexual orientation plays in adoption determinations.
Describe the nature and purpose of a home study.
Identify three circumstances in which an adoption may be challenged.
Define elder abuse and indicate why it is considered a family violence problem.
Identify five benefits of the successive versions of the Violence Against Women Act.
Describe the nature of an evidence-based prosecution.
Identify a minimum of five reasons why victims stay in abusive relationships.
Describe battered woman’s syndrome and indicate how it is sometimes used in criminal cases.
Describe the basic procedure for obtaining a protective order, including who can commonly seek one and the kinds of relief that can be sought.
Distinguish among restraining, no-contact, and stay away orders.
Explain when it may be appropriate to seek a guardianship in a family violence case.
Describe the nature and purpose of a personal safety plan.
Identify at least five common characteristics of abusers.
Identify and distinguish among the five forms of child abuse most commonly identified and defined by the states.
Identify the four most common forms of neglect.
Describe the nature of the parent’s “right” to discipline his or her child.
Distinguish between mandatory and permissive reporters of child abuse.
Describe the nature and purpose of “reasonable efforts” and “permanency planning” in the context of child abuse and neglect actions.
Identify at least five conditions on visitation that may be appropriate in cases involving a history of child abuse and neglect.
Describe the tort of “negligent supervision” and give an example of circumstances in which it would be appropriate.
Explain whether or not members of the family law team have a duty to report suspected child abuse or other forms of family violence.
Describe the significance of the term “filious nullius.”
Describe the nature and significance of the “biology plus” approach to establishing parental rights for unwed fathers.
Identify the three parties with the strongest interests in parentage determinations and describe the nature of those interests.

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