| Best Interest of Child Test in Custody Determinations |
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| 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. More... |
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| Custody Enforcement through Sanctions |
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| 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. More... |
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| Attachments in Child Support Actions |
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| Courts may use the legal process of attachment to separate property, whether real or personal and place it under the control of the court when the owner of the property fails to comply with his or her child support obligation. In some circumstances it may also be used to bring a person before the court, compel an appearance, or arrest a fund in the hands of a third person who may be liable to pay it over to the court. More... |
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| Putative Father's Right to Custody vs. Natural Mother or Legal Parent |
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| The changing nature of marital and other domestic relations in the United States, and concurrent changes in public attitudes toward such things as the status of children born outside of marriage, have been accompanied by an evolution in the manner in which the legal system treats a number of issues of family law. One group of these issues concerns the right of a putative father, that is, a man who is supposed or reputed to be the biological father of a child born to a woman to whom he is not married, or who claims to be the father of such a child, to assert his entitlement to custody of or visitation rights with the child or children who are subject to his claim of fatherhood. More... |
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| Use of a Child's Social Security Benefit in Determining Child Support |
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| When determining the amount of a child support order, the first step is to ascertain the amount of income that is available to provide for the child. Determining this issue will generally determine the fairness of any child support order. An effective child support guideline should clearly provide rules for determining what resources may and may not be considered for child support determinations. If a child is receiving social security benefits, a child support order should clearly state whether this income is considered in determining the appropriate amount of child support. More... |
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