Child Custody & Support
| 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. 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... |
|
|
| Dispute Resolution for Child Support Awards |
|
| All states have child support guidelines that enable a court to calculate basic child support. While use of the guidelines is required, they do not cover children after age 18 or graduation from high school nor do they cover some of the extras that children want and need. At times, using a mediator may help parents work through the financial conflicts. More... |
|
|
| Suspension or Denial of Licenses for Child Support Arrearages |
|
| In order to improve the effectiveness of child support collections, states are required to enact laws to deny or suspend the driver's license or professional license of anyone found to have failed to pay his or her child support obligation. More... |
|
|
| Preference of Child in Custody Determinations |
|
| In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that wish depends on the age and maturity of the child and the circumstances under which the choice was made. More... |
|
|