Child Custody and Support Newsletters

Child Support Guidelines

Federal law requires each state to adopt some form of child support guidelines. Courts in each state are required to follow the guidelines in establishing child support obligations.

Child Support Modification for Changed Circumstances

Where there is a change in circumstances of the child or of either parent, a modification of the amount of child support may be requested and will be granted where appropriate.

Voluntary Child Custody Proceedings under the Indian Child Welfare Act

If there is a voluntary proceeding for foster care or adoptive placement of a child, who is of Native American descent, the Indian Child Welfare Act governs those proceedings. The Act permits the child's tribe to intervene in the voluntary proceedings and allows the tribe to transfer jurisdiction of the proceedings to the tribal court. Further, the Act requires strict procedures for consent to placement by the child's parents and includes the right to revoke the consent for any reason.

Termination of Visitation Rights

Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court.

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.