Tender Years Presumption in Custody Awards

The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations.

Impact of Child Abuse Allegations in Child Custody Proceedings

If an accusation of child abuse or neglect arises during a civil proceeding involving the child's parents, whether a divorce, paternity or other proceeding in which child custody and visitation decisions are made, it will affect that proceeding. Until the report is investigated, decisions regarding the child's custody and the rights of visitation may be delayed. If the parent with custody of the child is named as the abuser or neglector, the child may be placed with the other parent, relative, or foster care.

Child Support Modification Upon Emancipation of a Child

A non-custodial parent's support obligation generally continues until their child reaches the age of legal majority or becomes emancipated. Where a child has achieved independence from effective parental control, and is no longer dependent upon parental support, the child support obligation may be terminated, even if the child has not yet reached the age of majority. The most common cause of emancipation, however, is attainment of the age of majority.

Putative Father's Right to Visitation

Parents have a natural right to the companionship of their children. In order to experience that companionship, parents and children must have time to be together. This is generally a non-legal issue. When the child's parents are not married, the child's father is called the putative father because he is reputed to be the father of the child. A putative father may also be known as the child's natural father or biological father. To be the child's legal father, the putative father must prove his paternity before a court. The proof could be a paternity test result or acknowledgment of the child as required by statute. Once paternity is acknowledged the father has a right to visitation with his child, so long as it is in the child's best interests.

Ability to Offset Past-Due Child Support against Tax Refunds

Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.