Child Custody & Support
| Uniform Reciprocal Enforcement of Support Act |
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| Problems arise where a parent and a child do not reside in the same state. To deal with jurisdictional problems in establishing and enforcing child support obligations, the federal government enacted the Uniform Reciprocal Enforcement of Support Act in the 1950s. Although it has been mostly replaced by the Uniform Interstate Family Support Act, enacted in 1998, URESA still applies in some situations. More... |
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| Legal Custody versus Physical Custody |
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| There is a large difference between legal custody of a child and physical custody. That difference is based on the right to make the major decisions affecting the child. The parent with legal custody has the right to make those decisions. More... |
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| Involuntary Child Custody Proceedings under the Indian Child Welfare Act |
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| When an agency of a state believes that it is the best interests of a child, who could be of Native American descent, to take involuntary custody of the child from his or her parents, the procedures set forth in the Indian Child Welfare Act must be followed. The Act requires notice, a right to intervene in the proceedings by the child's tribe and Indian custodian, appointment of counsel for an indigent parent or Indian custodian, access to court records, and jurisdictional and trial considerations. More... |
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| Emergency Jurisdiction Issues in Child Custody Proceedings |
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| Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), a court may exercise jurisdiction when it is necessary to protect a child, the child's parent, or the child's sibling.
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| Termination of Visitation Rights |
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| Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court. More... |
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