Newsletters

Emergency Modification of Child Custody Awards

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.

Best Interest of Child Test in Custody Determinations

In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute.

Dispute Resolution for Child Custody Awards

Many states require parents to undergo mediation or other forms of alternate dispute resolution before a court will consider the custody of a child, unless the court finds that mediation would be inappropriate, such as when there are allegations of abuse.

Allocation of Child Tax Exemptions for Divorced Parents

In establishing custody and child support, a court has authority to allocate the tax exemption for children of divorced parents. The tax exemption may also be negotiated and agreed upon by the parties.

Child Support in Split Custody Cases

The standard computation of child support under the child support guidelines presupposes that all of the children of the parties will live with the same parent. When the children are divided between the parents, the child support must be adjusted.