Family Law Flashcards

Under the UCCJEA as adopted in Maryland, which state has jurisdiction to make an initial child custody determination?

Answer: The child's home state, where the child lived with a parent for at least six consecutive months before the proceeding

The UCCJEA gives priority to the child's home state, defined by six consecutive months of residence immediately before the proceeding.

In Maryland, a final protective order in a domestic violence case may generally last up to how long?

Answer: One year, extendable to two years, with permanent orders possible in limited circumstances

Maryland final protective orders typically last up to one year, may be extended to two, and permanent orders are available in narrow statutory situations such as after certain violent convictions.

Who is eligible to petition for a domestic violence protective order in Maryland as a 'person eligible for relief'?

Answer: Current or former spouses, cohabitants, persons related by blood or marriage, parents of a common child, and current or recent sexual partners

Maryland's protective order statute covers spouses, cohabitants, relatives, co-parents, vulnerable adults, and individuals in a sexual relationship within the past year; others may seek peace orders.

In a Maryland paternity action, what effect does genetic testing showing at least a 97.3% probability of paternity have?

Answer: It creates a rebuttable presumption of paternity

Under Maryland law, a genetic test showing a 97.3% or greater probability creates a rebuttable presumption that the man is the father.

A child born to a married woman in Maryland is presumed to be the child of whom?

Answer: Her spouse, though the presumption is rebuttable

Maryland presumes a child born or conceived during marriage is the child of the mother's spouse, subject to rebuttal.

Under Maryland law, what standing must a de facto parent establish under Conover v. Conover to seek custody or visitation?

Answer: The legal parent consented to and fostered the relationship, the person lived with the child, performed parental duties, and a bonded parental relationship formed

Conover adopted the four-factor H.S.H.-K. test: parental consent and fostering, cohabitation, assumption of parenting responsibilities without expectation of pay, and a bonded parent-like relationship.

What must a third party who is NOT a de facto parent show to win custody over a fit legal parent in Maryland?

Answer: Parental unfitness or exceptional circumstances, because fit parents have a constitutional presumption of custody

Pure third parties must overcome the fit parent's constitutional presumption by proving unfitness or exceptional circumstances before best interests is considered.