Deck 6: Paternity

Question 1

The acronym UIFSA stands for

A) Uniform Interstate Family Support Act
B) Under-Insured Financial Supporting Agency
C) Uniform Intra-Familial Separation Agreement
D) Uncontested Inter-Family Support Action

Answer 1

A

Question 2

When is a summary judgment used?

A) when there is a prima facie case
B) when all the pertinent facts of a case are in dispute
C) when both parties want to speed up the judicial process
D) None of these choices is correct.

Answer 2

A

Question 3

If a man decides to voluntarily acknowledge a child as his own, he can sign a/an _____ acknowledging his paternity.

A) affidavit
B) order
C) motion
D) None of these choices is correct.

Answer 3

A

Question 4

DNA tests usually have to be taken more than once to be 100 percent conclusive.

Question 5

The intent behind the Uniform Interstate Family Support Act (UIFSA) is to create a framework for child support enforcement in interstate cases.

Question 6

All 50 states require alleged fathers to participate in testing to determine paternity.

Question 7

Each state is required by federal law to have a simple civil process for voluntarily acknowledging paternity and a civil procedure for establishing paternity in contested cases.

Question 8

A man can simply refuse to take a DNA test to prove paternity to avoid having to pay child support.

Question 9

A man is considered a presumed father in California if he and a child's natural mother were married 300 days before the child was born.

Question 10

If an alleged father refuses to take a paternity test, the burden of proof is shifted from the alleged father to the mother.

Question 11

If a mother wanted to go to court to get a judicial declaration that a man is the father of her child, she would have to bring

A) an action to determine paternity
B) a motion to determine paternity
C) a motion to suppress paternity
D) an action to suppress paternity
E) None of these choices is correct.

Question 12

The Uniform Interstate Family Support Act (UIFSA) supersedes any previous state statutes concerning child support enforcement.

Question 13

If a state's laws deal with the same issues as the Uniform Interstate Family Support Act (UIFSA) and are not in conflict with the UIFSA, then the state's specific statutes or case law should be applied.

Question 14

The federal government tells the states how to go about establishing paternity

A) because it provides the states with funds for child support programs
B) because alleged fathers tend to run to states with more lenient laws to keep from being forced into acknowledging paternity
C) to keep state laws uniform
D) to keep needy mothers from state hopping to obtain financial assistance

Question 15

A summary judgment motion claims that there is a prima facie case.

Question 16

Child support payments, depending on the evidence provided to the court, are based on the putative father's income and lifestyle.

Question 17

A prima facie case is

A) a case in which no facts are in dispute because both parties agree to all the pertinent facts involved
B) a case of first impression
C) a case in which all the facts are in dispute
D) None of these choices is correct.

Question 18

The UIFSA should be used to

A) All of these choices are correct.
B) establish a support order
C) enforce a support order
D) modify a support order
E) determine parentage

Question 19

How many states are required under federal law to have statutory guidelines for determining paternity?

A) 50
B) 30
C) 35
D) 40
E) 45

Question 20

A putative father is

A) the man a mother believes to be her child's father, even though the man has not been medically or legally declared to be the father
B) a father who owes back child support payments
C) a negligent, abusive father
D) a father with legal custody of a child

Question 21

The term "_____ child" is no longer used; instead, "a child with no presumed father" is now preferred.

Question 22

If a paternity test clearly and convincingly establishes the paternity of an alleged father, what can happen?

A) All of these choices are correct.
B) there is sufficient evidence to file a lawsuit
C) the burden to prove paternity shifts to the putative parent
D) the case can only be disputed with clear and convincing evidence

Question 23

A man is usually considered a presumed father

A) All of these choices are correct.
B) if the man and the natural mother were married at least 300 days before the child was born
C) if, before the birth of the child, he and the natural mother attempted to marry each other
D) if, after the child's birth, he and the natural mother are married

Question 24

What should be considered when determining an amount of child support?

A) All of these choices are correct.
B) the reasonable expenses of the child
C) the age of the child
D) the financial needs of both parents
E) the wages earned by both parents

Question 25

If an alleged father refuses to take a paternity test

A) the burden of proof shifts to make the alleged father prove that he is not the father
B) he is off the hook
C) there is nothing that can be done
D) None of these choices is correct.

Question 26

The United States Supreme Court has recognized the relationship of love and duty in a recognized family unit as an interest protected under the _____ Amendment of the Constitution.

Question 27

When a child is put up for adoption by the natural mother, the natural father (if known) must give consent for the _____ of parental rights.

Question 28

The _____ test is the genetic lab test that proves paternity.

Question 29

Which of the following is responsible for creating statutory guidelines for determining paternity?

A) federal law
B) each individual state
C) judicial law
D) each individual state and federal law
E) None of these choices is correct.

Question 30

An unmarried father may register his acknowledgement of parentage on a/an _____ to receive notice of any legal actions involving his child. parentage registry

Question 31

If a man is married to the biological mother of a child, he is usually considered the child's _____ father.

Question 32

A presumption of legitimacy

A) occurs when a child is born to a married couple
B) requires DNA testing
C) occurs when paternity is questioned
D) None of these choices is correct.

Question 33

A paternity suit can usually be brought up until the child reaches the age of _____.

Question 34

_____ should be established for every child in order to at least have a father's financial support and medical history.

Question 35

The requirements for how a state must establish the process and procedure for determining paternity is clearly stated in the United States Code under

A) Title 42
B) Title 43
C) Title 17
D) Title 45

Question 36

For a paternity suit to be dismissed, a paternity test must show by _____ evidence that the alleged father is not the father of the child at hand.

Question 37

Since January 1998, the federal government has required each state to adopt the _____.

Question 38

The primary test used for proving paternity is the deoxyribonucleic acid (DNA) test. This test is considered _____ percent conclusive.

A) 99.8
B) 100
C) 98.6
D) 99.4