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NY Matrimonial & Family Law Flashcards

6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 NY Matrimonial & Family Law flashcards as text

  1. Under DRL Article 5-A (DRL 75 et seq.), New York has adopted which uniform law regarding child custody jurisdiction?

    Answer: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

    New York adopted the UCCJEA (DRL §§ 75-78), which governs interstate jurisdiction over child custody determinations.

  2. Under New York law, what is the effect of a prenuptial (antenuptial) agreement on equitable distribution?

    Answer: It may validly waive or modify equitable distribution rights if executed with full disclosure and without fraud, duress, or overreaching

    Under DRL § 236(B)(3), prenuptial agreements are enforceable in New York if they are in writing, acknowledged, and executed without fraud, duress, or overreaching, with fair and reasonable disclosure.

  3. Under New York Family Court Act Article 10, what must a petitioner prove to establish child neglect?

    Answer: That the child's physical, mental, or emotional condition has been impaired or is in imminent danger of impairment due to the parent's failure to exercise a minimum degree of care

    FCA § 1012(f) defines a neglected child as one whose physical, mental, or emotional condition has been impaired or is in imminent danger of impairment as a result of the parent's failure to exercise a minimum degree of care.

  4. Under New York law, what is required for a valid adoption?

    Answer: Consent of the birth parents (or termination of parental rights), a home study, court approval, and a finding that the adoption is in the best interests of the child

    DRL Article 7 requires consent of the birth parents (unless rights have been terminated), an investigation/home study, and court approval finding the adoption in the child's best interests.

  5. Under New York's Family Court Act Article 8, what remedies are available in a family offense proceeding?

    Answer: Orders of protection, which may include stay-away provisions, exclusive possession of the residence, and participation in batterer's programs

    Family Court may issue orders of protection with various conditions including stay-away orders, exclusive use of the home, custody provisions, counseling, and batterer's intervention programs.

  6. Under New York law, how is paternity established when the parents are not married?

    Answer: By an acknowledgment of paternity signed by both parents or by a court order of filiation based on genetic testing

    Paternity may be established voluntarily through an acknowledgment of paternity (signed by both parents at the hospital or later) or involuntarily through a Family Court proceeding (order of filiation) that may include genetic testing.