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.

Parental Kidnapping Prevention Act

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.

Natural Parent Presumption in Custody Awards

Although a court may order custody of a child to someone other than a parent or to an agency, in making that decision, the court must first consider the presumption that it is in the child's best interests to remain with one or both parents. The natural parent's superior right to custody of a child is not absolute and must yield to the best interest of the child.

Putative Father's Standing to Seek Custody of a Child

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.

Use of a Child's Social Security Benefit in Determining Child Support

When determining the amount of a child support order, the first step is to ascertain the amount of income that is available to provide for the child. Determining this issue will generally determine the fairness of any child support order. An effective child support guideline should clearly provide rules for determining what resources may and may not be considered for child support determinations. If a child is receiving social security benefits, a child support order should clearly state whether this income is considered in determining the appropriate amount of child support.