Child Custody & Support
| Emergency Jurisdiction Issues in Child Custody Proceedings |
|
| 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.
More... |
|
|
| Types of Discovery Applicable in Child Custody Proceedings |
|
| Discovery is the process during the course of a legal action by which the parties to a lawsuit obtain information about the situation underlying the litigation and the factual and legal underpinnings of the other party's case. Rules of civil procedure in the courts of various jurisdictions regulate the discovery process in civil cases. Discovery procedures can be made use of in child custody proceedings arising out of a divorce between parties with a minor child or children as well as in other types of legal actions. More... |
|
|
| 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. More... |
|
|
| Expert Witnesses in Child Custody Proceedings |
|
| The rules of evidence employed by the courts in legal actions set out the qualifications for expert witnesses, which may be said in a general way to consist of a level of education, training, or experience that has created in such a witness a degree of knowledge about a particular scientific or technical subject that is greater than the knowledge of such a subject possessed by people lacking such education, training, or experience. Unlike most witnesses, whose testimony in court proceedings is limited to factual matters actually known to them, expert witnesses are permitted, based on the factual evidence that has been presented in court, to express their opinions on issues related to the technical subjects within their areas of expertise. Extensive use of expert witnesses is made in both civil and criminal proceedings in the United States. More... |
|
|
| Restriction on Visitation Rights |
|
| In order to protect a child, a court will sometimes impose restrictions on the rights of a noncustodial parent to visit with a child. The extent of the restrictions is based upon what the court finds will best protect the child while still fostering the relationship between the child and the parent. More... |
|
|