Emergency Jurisdiction Issues in Child Custody Proceedings

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), a court may exercise jurisdiction when it is necessary to protect a child, the child's parent, or the child's sibling.

Legal Custody versus Physical Custody

There is a large difference between legal custody of a child and physical custody. That difference is based on the right to make the major decisions affecting the child. The parent with legal custody has the right to make those decisions.

Retroactive Child Support Awards

In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is discretionary.

Appointment of an Attorney to Represent the Child in a Custody Case

In hotly contested custody cases, where the parents cannot agree on anything, courts often will appoint an attorney to represent the child or children of the parties to help resolve the custody issue. The decision to appoint an attorney is within the discretion of the court.

Ability to Offset Past-Due Child Support against Tax Refunds

Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.