Family Law Newsletters

Child Welfare Agency’s Potential Malpractice Liability for Violating Parental Rights

Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.

Divorce and Debt Division

During divorce proceedings, couples not only have to divide up their assets but they must also divide their debts. There are various types of debt that must be divided during divorce proceedings.

Exclusive Jurisdiction of Original State Under UIFSA

Under the Uniform Interstate Family Support Act (UIFSA), there is only one controlling support order even when multiple states are involved in enforcing it. Once a support order is established, the issuing state has continuing, exclusive jurisdiction to modify that order. The issuing state retains exclusive jurisdiction to modify, upon proper petition, so long as one of the individual parties or the child continue to reside in that state. Modification jurisdiction may be sought in child support cases only when all individual parties and the child have left the issuing state or when the parties have agreed in writing for another state to exercise jurisdiction.

Parental Kidnapping Prevention Act

In 1980 Congress enacted the Parental Kidnapping Prevention Act (PKPA) to close existing gaps and bring greater uniformity to interstate child-custody practice. The PKPA requires state courts to enforce and not modify custody and visitation determinations made by sister states unless the original state either no longer has jurisdiction or declined to exercise jurisdiction.

Self-emancipation of Minors

A minor may obtain a court order declaring him or her to be self-emancipated. A self-emancipated minor has most of the legal rights and duties of an adult. The parents of a self-emancipated minor have no further duty to support the minor.

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