| Emergency Modification of Child Custody Awards |
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| When an emergency arises, courts in any State have the power to enter a temporary order of custody under the Uniform Child Custody Jurisdiction and Enforcement Act. Under the Parental Kidnapping Prevention Act, the court in the state where the child lives has primary and continuing jurisdiction over the custody of a child, and it may issue a permanent change in custody, whether or not there is an emergency. More... |
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| Types of Discovery Applicable in Child Custody Proceedings |
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| 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... |
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| Change of Circumstances in Child Custody |
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| Before a court will consider a motion to change custody of a child, the person seeking the change is required to allege and prove a change in circumstances affecting the child and that the change is necessary or that the benefits of changing custody would outweigh the disruptive effect of uprooting the child. More... |
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| Putative Father's Standing to Seek Custody of a Child |
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| The changing nature of marital and other domestic relationships in the United States has been reflected in a corresponding evolution in the way in which the legal system deals with issues related to family law. One such group of issues concerns the child custody rights of a putative father, that is to say, a man who is supposed or reputed to be the father of a child born to a woman to whom he is not married or who claims to be the father of such a child. 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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