Week 12- Family Law

Palmore v. Sidoti
-you cannot use racial classifications to determine custody
PKPA- is a federal law for people to get into federal court
-standard of review for custody decision- clear abuse of discretion
Child Support
-find scheme for child support in NC- pg. 1!" e#ample of $1
- ways
1% sum of entire income of both parents and figure out proportional share that each parent
must pay
!% only loo& at non-custodial parent and ma&e determination based on that person's
income
% shared custody model- shared support or no support obligation
-put basic ta#ation guidelines in statute
-factors to allow deviation from guidelines- pg. 1()11
-*f you waive spousal support you can never get it bac&
-child support stuff on 1!+!
,arriage of ,eegan
-voluntary change in circumstances does not change spousal support
Santos&y v. Kramer
-pg. 1+- state's interests
-there must be a clear and convincing standard of evidence that parents are unfit
types of adoptions
1% agency adoptions
!% independent or private placement adoptions
% step parent adoption
parental rights of biological parents are terminated upon adoption
-you don't want to have parents adopt a baby whose records say no father because the
father still might have rights- you want to ma&e sure that the parental rights are
terminated
-parents rights are not easily severed