Newsletters

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.

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.

Uniform Child Custody Jurisdiction and Enforcement Act

Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders.

Ability to Offset Past-Due Child Support against Tax Refunds

Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.

Criminal Interference with Child Custody

A parent who takes a child and fails to return him or her may be charged with a crime. There are state and federal laws that make it a crime to unlawfully retain, obtain, or conceal a child where someone else has lawful custody under an existing court order or where custody proceedings are pending.