Child Custody and Support Newsletters

Custody Enforcement through Writ of Habeas Corpus

In some states, where one parent has been granted custody but the other parent or a nonparent has refused to return the child to the custodial parent, the custodial parent may file for a writ of habeas corpus to request that the court order the child be returned.

Dispute Resolution for Child Support Awards

All states have child support guidelines that enable a court to calculate basic child support. While use of the guidelines is required, they do not cover children after age 18 or graduation from high school nor do they cover some of the extras that children want and need. At times, using a mediator may help parents work through the financial conflicts.

Putative Father's Right to Custody vs. Non-Parent

Recent years have witnessed a number of changes in the nature of marital and other domestic relations in the United States, with a concomitant modification in public attitudes toward such things as the status of children born outside of marriage. These changes have been accompanied by an evolution in the way in which the legal system views a number of issues related to family law. One such group of issues concerns the right of a putative father, that is to say, a man who is supposed or reputed to be the father of a child or children born to a woman to whom he is not married, or who claims to be the father of such a child or children, to assert an entitlement to custody of or visitation with such a child or children.

Uniform Child Custody Jurisdiction and Enforcement Act

Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders.

Voluntary Child Custody Proceedings under the Indian Child Welfare Act

If there is a voluntary proceeding for foster care or adoptive placement of a child, who is of Native American descent, the Indian Child Welfare Act governs those proceedings. The Act permits the child's tribe to intervene in the voluntary proceedings and allows the tribe to transfer jurisdiction of the proceedings to the tribal court. Further, the Act requires strict procedures for consent to placement by the child's parents and includes the right to revoke the consent for any reason.