Child Custody and Support
| Child Support Recovery Act |
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| The Child Support Recovery Act, well known as the "deadbeat-dad" law, makes it a federal crime to flee a state in order to avoid paying child support arrearages. The law applies to any parent who owes more than $5,000 in back child support payments or who has failed to pay on the arrearage due for more than one year.
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| Uniform Child Custody Jurisdiction and Enforcement Act |
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| Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders. More... |
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| Possessory Conservatorship in Custody Awards |
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| There are times when a court finds it necessary to appoint someone to be responsible for a minor child. In Texas, that means the appointment of a "managing conservator." When a managing conservator is appointed, the court may appoint a "possessory conservator," which is an order setting the times and conditions for possession of or access to the child. More... |
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| Tender Years Presumption in Custody Awards |
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| The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations. More... |
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| Legal Custody versus Physical Custody |
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| 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. More... |
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