Family Law Flashcards

Under Oregon's adoption of the UCCJEA, Oregon has 'home state' jurisdiction to make an initial child custody determination when:

Answer: The child has lived in Oregon for at least six consecutive months immediately before the proceeding

Under the UCCJEA, home-state jurisdiction exists when the child has lived in Oregon for six months immediately preceding the commencement of the proceeding.

Under Oregon's Family Abuse Prevention Act (FAPA), a court may issue an ex parte restraining order when:

Answer: There is an immediate and present danger of further abuse to the petitioner or family members

FAPA allows ex parte relief without prior notice to the respondent when the petitioner demonstrates an immediate and present danger of further abuse.

In Oregon, a properly executed and filed voluntary acknowledgment of paternity has the legal effect of:

Answer: A court judgment establishing parentage, enforceable without further court action

Under ORS 109.070, a signed and filed voluntary acknowledgment of paternity is equivalent to a court judgment establishing parentage.

For a stepparent to adopt a child in Oregon when the other birth parent is living and has not consented, the court must first:

Answer: Terminate the non-consenting birth parent's parental rights by court order

Oregon requires either voluntary consent or judicial termination of parental rights before a stepparent adoption can proceed over a birth parent's objection.

The UCCJEA's emergency jurisdiction provision allows an Oregon court to:

Answer: Issue temporary custody orders when the child is present in Oregon and faces abandonment or mistreatment

Emergency jurisdiction under the UCCJEA is limited to temporary protective relief for a child present in the state who faces abandonment or harm.

Under ORS 107.137(1)(i), evidence that a parent has committed domestic abuse creates which presumption regarding custody?

Answer: A rebuttable presumption against awarding sole or joint custody to the abusive parent

ORS 107.137(1)(i) creates a rebuttable presumption against granting custody to a parent found to have engaged in domestic abuse.

Under Oregon's Uniform Parentage Act, a person is presumed to be a parent of a child when:

Answer: They were married to the birth parent at the time of the child's birth or adoption

Oregon's Uniform Parentage Act presumes parentage when the individual was married to the birth parent at the time of birth, codifying the traditional marital presumption of paternity.