pierceb's version from 2015-07-27 01:19



Question Answer
What act governs child custody?NC as adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Serves to avoid jurisdictional disputes with courts of other states in mattes of child custody and visitation, to "promote interstate" COOPERATION, and to FACILITATE the interstate enforcement of custody and visitation orders.
Where does proper jurisdiction exist to ENTER or MODIFY child custody?Where there is "HOME STATE JURISDICTION" - the state in which the child lived WITH A PARENT for at least 6 CONSECUTIVE MONTHS before commencement of proceedings or if less than 6-months, where they lived since birth.
When can NC "assume jurisdiction"?When there is no "home state jurisdiction" and (1) CHILD AND AT LEAST 1 PARENT have a "SIGNIFICANT CONNECTION" with the state and (ii) "SUBSTANTIAL EVIDENCE" is available in the state.
When can NC exercise "temporary emergency jurisdiction"?(1) the child is PHYSICALLY PRESENT and (2) the child is ABANDONED or it is necessary to PROTECT the child from abuse.
Who may modify a child custody order?Using UCCJEA. North Carolina maintains "continuing exclusive jurisdiction", UNLESS there is no (i) substantial connection and (ii) substantial evidence -OR- no child or parent resides in the state.
What does the Federal Parental Kidnapping Prevention Act (PKPA) require?PKPA mandates that states give Full Faith and Credit to another state's child custody determination, if jurisdiction is proper.
Where is jurisdiction proper when the "home state" rule does not apply?State will "assume jurisdiction" - No other state has or accepts home state jurisdiction AND (i) child and at least one parent have a (i) SIGNIFICANT CONNECTION with the state, and (ii) SUBSTANTIAL EVIDENCE concerning the child is available in the state.
What does "significant connection" with the state mean?For example, a close relationship with a parent who lives in the state.
When may a court DECLINE jurisdiction?(i) Determines that it is an INCONVENIENT FORUM and another court in another state is more appropriate or (ii) party seeking jurisdiction engaged in UNJUSTIFIABLE CONDUCT.
May another state's order be enforced in another state?Yes, but it must be "registered" in the new state. Recognized in the Parental Kidnapping Prevention Act (PKPA)



Question Answer
What standard does NC apply for child custody determination?"Best Interest of the Child" (BIOC) Standard
What is the "Peterson" presumption?The understanding that in a custody action between a parent and non-parent, the parent MUST be granted custody unless it is found through CLEAR AND CONVINCING evidence that the parents is (1) UNFIT, (2) has NEGLECTED the child, or has otherwise engaged in conduct INCONSISTENT with his PARENTAL STATUS.
Do parents have a constitutional right to children?Yes. parents have a CONSTITUTIONAL RIGHT to care for and nurture their children.
What standard will the court use if the Peterson presumption is successfully rebutted?The Best Interest of the Child "BIOC" standard. Court will consider any and all factors affecting the child's welfare.
Parent v. Parent: Assuming both parents are fit and proper, the court will look to what?(1) Issues of MORALITY, (2) WISHES of the child; (3) SPIRITUAL awareness, and (4) DOMESTIC VIOLENCE.
Grandparents: When do grandparents have standing to seek custody of their grandchildren?If they allege the child's parent is (1) UNFIT, (2) has NEGLECTED the child; OR (3) has otherwise acted INCONSISTENTLY WITH THEIR PARENTAL status. This will overcome the Peterson presumption.
When will a parent not be awarded visitation rights?Only after findings that the parent is UNFIT PERSON to visit the child OR that visitation is not in the "BIOC". Generally, grandparents DO NOT have a right to child visitation.



Question Answer
Who may bring a claim for child support for a minor child?Any parent, agency, or institution having or seeking custody.
How is child support determined in NC?Using the "INCOME-SHARE MODEL," which looks at the income of BOTH parents in making calculations of child support. "Extraordinary expenses" are added.
What is the duration of child support?Effective: date of filing the complaint -- Termination: 18 years old or emancipation
What are exceptions to the termination at 18 rule?If the child is still in secondary school at the age of 18, then support terminates: (1) when he graduates, (2) ceases to attend school, (3) fails to make certain academic progress or (4) turns 20, whichever first.
How may a party enforce child support?(1) Income withholding (unless good cause is shown not to); (2) contempt; (3) forfeiture of licenses; (4) transfer of real property; or (5) tax refund intercept.
What Act governs enforcement of a child support order?Uniform Interstate Family Support Act (UIFSA)
How may child support be modified?NC retains "continuous exclusive jurisdiction" ... unless all parties reside elsewhere or consent to transfer. And party must show "substantial change of circumstances" and must overcome the presumption that the amoung is "JUST and Reasonable"
What is the presumption of a child support order?That it is "JUST and REASONABLE" Must be overcome to get modification.
SOL for each payment?10 YEARS



Question Answer
What Act governs adoptions?The Uniform Adoption Act, as adopted by North Carolina.
Who may adopt?18 years or older. If unmarried, no other person may join in the petition. If married, spouse "MUST" join in the petition.
What is the adoption process?(1) "Preplacement assessment" by a licensed agency less than 12 months before placement; (2) prospective adoptive parent must "file a petition" within 30 days after the minor is places in the home stating: (a) marital status and sex; sex/date of birth of the child, full name of the child, and that petitioner desires and agrees to adopt and treat as a alwful child, and (3) there must be a "home study" and hearing no later than 6 months from filing th epetition.
Is consent from biological parents required?Usually, yes.
May biological parents' consent be revoked?Yes, within 7 DAYS of the execution of consent.
Is consent of the putative (no legal status but holds himself out as father) father necessary?No, unless (1) he legitimated the child, (2) acknowledged paternity and is obligated to support, (3) provide reasonable and consistent support, (4) married the mother, or (5) received the minor into his home.



Question Answer
What statute in NC governs domestic violence?Chapter 50B
Are spouses liable for crimes against one another?Yes, in NC spouses are liable for their crimes against each other as if they were not married.
What remedies are available to victims of DV in NC?NC provides criminal and civil remedies.
Who has standing for DV claim?For standing, the aggrieved party and defendant must have a personal relationship. Relationships: (1) current/former spouse; (2) current/former household member; (3) parents and children; (4) persons with a child in common; and (5) persons of opposite sex in dating relationship.
What acts constitute DV?(1) attempting to cause or intentionally cause SERIOUS BODILY HARM; (2) placing a person or family member in FEAR OF IMMINENT serious bodily injury; (3) continuing HARASSMENT causing substantial emotional distress; or (4) committing SEXUAL OFFENSE against aggrieved party or aggrieved party's child.
What types of relief exist for DV?(1) Ex parte order with hearing within 10 DAYS of the order. (2) Protective orders for up to 1 YEAR, may be renewed but not more than 2 YEARS. (3) Custody orders if child is exposed to "SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL INJURY OR SEXUAL ABUSE." That order may last for 1 YEAR, not renewable.

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