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oicyunvme oicyunvme
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Posts: 375
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6 years ago
The oldest and most common presumption to determine parentage is the marriage presumption sometimes referred to as the legitimacy presumption.
 
  Indicate whether the statement is true or false



Q. #2

A man's name on a birth certificate is conclusive of paternity.
 
  Indicate whether the statement is true or false



Q. #3

Describe the best interest standard applied by the majority of courts in making custody determinations. What kinds of factors are encompassed by this standard? Identify the five factors that you believe are most important to consider.
 
  What will be an ideal response?



Q. #4

At early common law, a child of unwed parents was deemed filius nullius, or the son (child) of no one.
 
  Indicate whether the statement is true or false



Q. #5

The cause of action based on the premise that parents have a duty to society to exercise reasonable care in the supervision of their minor children is commonly known as ________.
 
  Fill in the blank(s) with correct word



Q. #6

Explain the battered women's syndrome. When can it be used? Is it a complete defense?
 
  What will be an ideal response?



Q. #7

The Child Abuse Prevention and Treatment Act (CAPTA) established initiatives requiring all states to have a central reporting agency for child protection.
 
  Indicate whether the statement is true or false
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Replies
wrote...
6 years ago
(Answer to Q. 1)  TRUE

(Answer to Q. 2)  FALSE

(Answer to Q. 3)  The student's response should draw on the following content and select from among the several factors indicated.
Applying the best interests standard, the custody determination ideally involves an analysis of the child's needs and an assessment of which parent can most effectively meet those needs. Whether the arrangement is established by the parties or by the court, it must serve the best interests of the child. States identify by statute and/or case law a series of best interest factors that courts should consider, among others, in making custody determinations. The factors are not prioritized and the court is free to assign weight to them based on the facts of each case. The New Jersey Statute found in Exhibit 9.1 on page 316 contains an extensive representative list of these factors.

The best interest test is child-centered and individualized and affords courts maximum discretion in making custody decisions. A custody determination does not require a finding that one parent is a better or worse person than the other parent. The child's best interest is supposed to be paramount. However, the best interest test clearly is subjective and inevitably forces judges to make qualitative judgments into which they may subtly project personal views of what constitutes a good parent. What is best varies by child and what a court considers best is not always what a parent may consider best. A judge sitting in one family court may emphasize and, in effect, reward parenting that is firm and regimented emphasizing rules, discipline, and control. Another family court judge sitting in an adjacent courtroom may look more favorably on parents who promote individuality, creativity, and self-actualization of children. Parents in this situation are faced with little predictability and potentially maximum costly litigation resulting in wide ranging outcomes.

(Answer to Q. 4)  TRUE

(Answer to Q. 5)  Negligent supervision

(Answer to Q. 6)  The syndrome allows evidence of the history of abuse by the party alleging this condition causing them to injure or kill their abuser. It is not considered a complete defense to the crime but a mitigating factor to be considered by the court/jury to reduce the degree of the charge based on a psychological condition to the defendant due to abuse over a long period ot time.

(Answer to Q. 7)  TRUE
oicyunvme Author
wrote...
6 years ago
Ready for finals
wrote...
6 years ago
Good luck my friend!
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