Alana Kelly
Family Law
Homework Module 6
1. What parts of a dissolution decree are modifiable and what parts are not modifiable? Why are some parts modifiable and others not? Property distribution awards are not modifiable neither is alimony that is provided in a lump sum. There has been some small instances where a court has granted a party’s motion to modify a term of a dissolution decree that was originally deemed no modifiable. The parties originally agreed to the terms so to justify a request for a modification there must be a significant change of circumstances and it can only apply to current and future actions
2. Discuss the Uniform Child Custody Jurisdiction Act and the remedies it provides.
Under this act if a noncustodial parent took child wild under the custodial parents control and then failed to return the child after the visitation period ended the custodial parent had the right to have law enforcement officials in the other jurisdiction arrest the noncustodial parent. It has resulted in fewer kidnappings. It also prohibits a new state from modifying an existing custody decision. It also allows prosecutors to pursue criminal actions if a parent violated a criminal law in the process of taking the child.
3. What is the obligation of a state child protection agency?
They have obligation protect children. When parents fail to provide a safe and nurturing environment for their children intervenes to protect the children. The state possesses the authority for such action under the legal doctrine of parens patriae. This doctrine gives the state the right to protect children. The state must first have reason believe to the child need their help.
The Essay on Child/ parent relationship in the Little Boy Crying?
The poem, Little Boy Crying, written by Mervyn Morris is mainly about father and sons relationship. Poet shows the two main themes through this relationship; fathers love towards his child and his effort to lead his child into a right world in life. Mervyn Morris explores the child and parents relationship by using second person narration and language techniques such as allusion and emotive words. ...
4. What is the role of the state child protection agency in investigating allegations of child abuse and neglect?
Every state has a child protection agency that is charged with intervening in a family unit when neglect is known or suspected. The agency receives complaints from various sources such as but not limited to neighbors, school workers or hospital personnel. A child protective worker when they feel a claim is valid will visit the family unannounced and assess the physical living condition and emotional environment of the family. Through asking questions and observing the premises and condition of the children. Based on the findings no action may take place or additional follow up may take place and in some cases the children may be removed the home.
5. What are the legal grounds for terminating a parent’s parental rights?
Each state has its own set of statutory grounds for termination. Many states include grounds such as parental abandonment, absence of a parent/child relationship, and failure of the parent to rehabilitate to a degree where the parent can achieve a meaningful role in the child care or upbringing. Parental consent is also usually a statutory ground. In order for the court to grant the states petition to terminate the state must prove at least one statutory ground by clear and convincing evidence.
