Custody Enforcement through Sanctions

Where a person has been awarded the custody of a child and another person or agency has failed to return the child to that person, the person with legal custody can file a motion for contempt of court and request that some penalty or sanctions be imposed on the one who unlawfully failed to return the child.

Involuntary Child Custody Proceedings under the Indian Child Welfare Act

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.

Dependent Adult Support: Dependent Parents

Statutes in 30 states impose a filial obligation on children to support their indigent or disabled parents. Indigence is not defined as completely destitute, but rather in terms of the parent's financial ability to meet his or her basic needs.

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.

Income Withholding for Child Support Actions

Wage withholding is a method of paying child support by having the obligation taken directly out of the parent's pay by the employer. Some parents voluntarily agree to wage withholding; others have it imposed upon them by a court.