BAR QUESTION

1. Does Sexual Assault Constitute a Valid Ground to Terminate

o Usual basis for termination of parental rights = involuntary termination 161.001--This will
probably be a fall back provision
o Special section on termination when 161.007termination where pregnancy comes from criminal
act (dont need a conviction)However Irene doesnt fall under A, its B that disqualifies her.
Termination discretionary (may terminate) if you lived with someone there HAS to be a
CONVICTION! So Irene will not be successful under the ground she alleged. So the ground that
she should use = abandonment. He didnt express an intent to return in his note, he was gone for
more than 3 months. Under C, left children alone w/o providing adequate support remained away
for 6 months. No matter what, hes gone for 12 months so that gives her the basis. BUT ALSO
MUST PROVE IN CBI

Irene will fall under B section of the statute

Section A Shall Prior to 2013 they had to be convicted! Here, they just have to
engage in the conduct that constitutes an offense under the penal code & termination is in
CBI
o DUE PROCESShe would have 6 months to contest it/right to service/notification of termination

2. Other Groundsabandonment
EXAM
Part 1: 1-50
MC = 1-30
T/F = 31-50
Essay Questions
Fact 1: 20 points total
A&Beach worth 10 points
Fact 2: 30 points total
Each worth 10 points
5 essay question to answer, each worth 10 points

ON EXAM:
If a case is mediated to settlement, and the parties have entered into an agreement MSA the agreement (MSA) is
binding on the parties and a party is entitled to a judgment on the agreement unless:
(a) the agreement is illegal [cant give a judgment if illegal]
(b) agreement not in CBI [doesnt matter bc the court doesnt make that review at this point unless theres fam
violence]
(c) MSA is not signed b/c attorneys present didnt sign [this is one of the reqs, has to have bold letters and signed by
As]
(d) all of the above
(e) a & c
A ct. may not contravene a jury verdict on the issues of:
(a) appointment of SMC [no]
(b) appointment of JMC [no]
(c) determination of which JMC has right to designate the primary residence of the child [no105.002]
(d) 2 of the above
(e) all of the above
Does a jury decide visitation/access? No! the TCT sets the access and possession and divides the rights
A court w/o the agreement of the parties may exercise the discretion to make an order:
(a) increases child support at date in future [no[
(b) after the 3rd Bday of the child increase access and possession [yes] 153.254
(c) changes managing conservatorship [no]
(d) all of the above
(e) none of the above
72 HR waiting period after issuance of a marriage L does not apply if a written waiver is obtained from the ct. There
are no other exceptions! False
The ct. rendering a final order of adoption obtains continuing exclusive jx of future cases concerning adoptive child?
Falseadoption ends it
4yr rule is for setting CS that has not been ordered.
CS: need to know net resources (will be given on exam), and then for 1C = 20, 2C =25, 3C = 30, 4C = 35, 5C = 40,
5+C=40
Medical support added on top of this and it is applied to $8550if your net resources exceed this (assume we have 1C
= 20)
8,550 *20% =171- for the 1C
If your net resources are 15K a month, start with 1710, and thats the amount until you can proven needs of the child
exceeds this
The Limit on the obligor is not more than 100% of the proven needs
When they deviate from the guidelines on support, its required otherwise its requested and must be requested w/in 10
days to figure out what they are using. Proven needs = ct can decide whether to split them or order the obligor to pay it
off but it can never be more than 100% more of the proven needs.
Standing
Both parents deceased/terminatedfile original suit w/in 20 days. Dont need the other standing.
Appeals for Termination
20 days to appeal
File notice of appeal w/in 20 daysmotion for new trial will not extend appellate deadlines but will extend plenary
power. Once plenary power is extended the ct. can then (TCT) issue a new order and once that new order is issued w/in
the plenary power then you start counting from that judgment. There is no extension for the appl. Deadline for 20 days.
WILL NOT BE TESTED ON ADOPTION!
WILL NOT BE TESTED ON ENFORCEMENT!
TITLE 4 PROTECTIVE ORDERS NOT ON EXAM!
CONTEMPTS ARE NOT ON EXAM!

If you appoint a MC based solely on gender/marital status = automatically reversed