Child Custody & Support
| Involuntary Child Custody Proceedings under the Indian Child Welfare Act |
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| 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... |
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| Expert Witnesses in Child Custody Proceedings |
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| 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... |
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| Tortious Interference with Child Custody |
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| Where a person interferes with another person's custody of a child or right to access, the interfering person may be subject to a claim of tortious interference with custody and can be held financially liable. This may occur where one parent takes the child and refuses to divulge the child's whereabouts. However, tortious interference may not be limited to cases where a child is concealed.
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| Child Support Modification for Best Interest of Child |
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| In some circumstances a tribunal may decide that it is in the best interests of a child to modify the amount of a parent's child support obligation. More often, the modification results in an increase in the amount of support, but there are occasions when a court has found a reason to deviate downwards. More... |
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| Change of Circumstances in Child Custody |
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| Before a court will consider a motion to change custody of a child, the person seeking the change is required to allege and prove a change in circumstances affecting the child and that the change is necessary or that the benefits of changing custody would outweigh the disruptive effect of uprooting the child. More... |
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