| Child Support Modification Upon Emancipation of a Child |
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| 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. More... |
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| Parental Kidnapping Prevention Act |
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| Under the Federal Parental Kidnapping Prevention Act, the home state of a child has jurisdiction to establish custody and visitation of the child. That state court continues to have jurisdiction over custody issues, and all other state courts are required to give full faith and credit to the court orders of the home state.
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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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| Temporary Child Support Awards |
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| Many states provide for temporary awards of child support, pending a full evidentiary hearing after the parties have had a chance to obtain necessary information to establish the income of each parent and expenses of the child or children. Temporary support may be ordered in some situations before there is a paternity adjudication.
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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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