Family Law Flashcards

Under the Uniform Child Custody Jurisdiction and Enforcement Act as adopted in Oklahoma, which state generally has jurisdiction to make an initial custody determination?

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

The UCCJEA gives priority to the child's home state, defined as where the child lived with a parent for at least six consecutive months immediately before the custody proceeding began.

A grandmother in Oklahoma seeks court-ordered visitation with her grandchild over the objection of two fit, married parents in an intact family. What is the likely result?

Answer: Denied, because courts cannot override fit parents' decisions in an intact nuclear family absent harm to the child

Following Troxel and Oklahoma case law, grandparent visitation cannot be forced on fit parents in an intact family without a showing of harm to the child and that visitation is in the child's best interests.

In an Oklahoma proceeding to terminate parental rights, what standard of proof applies to the grounds for termination?

Answer: Clear and convincing evidence

Due process and Oklahoma law require the state to prove grounds for terminating parental rights by clear and convincing evidence, as established in Santosky v. Kramer.

A stepparent in Oklahoma wishes to adopt his wife's child. The biological father has willfully failed to pay court-ordered child support for 15 consecutive months despite ability to pay. May the adoption proceed without the father's consent?

Answer: Yes, willful failure to support for twelve consecutive months out of the last fourteen can make consent unnecessary

Oklahoma law permits adoption without a parent's consent where that parent willfully failed to support the child for twelve consecutive months out of the fourteen months preceding the petition.

Which statement accurately describes Oklahoma's treatment of marital fault in awarding support alimony?

Answer: Alimony is based on the recipient's need and the payor's ability to pay, not as a punishment for fault

Oklahoma support alimony rests on demonstrated need connected to the marriage and the other spouse's ability to pay, and it is not awarded to punish marital misconduct.

An unmarried Oklahoma father signed an acknowledgment of paternity at the hospital. Two months later he doubts he is the father. What is his best immediate remedy?

Answer: Rescind the acknowledgment within the statutory 60-day-or-first-hearing window, or thereafter challenge it for fraud, duress, or material mistake

Under Oklahoma's parentage scheme, an acknowledgment may be rescinded within 60 days or before the first related proceeding, and afterward may only be challenged on grounds of fraud, duress, or material mistake of fact.

A victim of domestic abuse in Oklahoma seeks a protective order against a former dating partner. Is the former dating relationship a sufficient basis under the Protection from Domestic Abuse Act?

Answer: Yes, the Act covers persons in a current or former dating relationship

Oklahoma's Protection from Domestic Abuse Act extends to family or household members and to persons in current or former dating relationships.