Newsletters

Role of Income Tax Returns in Determining Child Support Obligations

In order to properly determine a parent's child support obligation, it is important for the court to know what the parent actually earns. Tax returns reveal not only what a parent has historically made, but may also reveal amounts the parent has been concealing or if the parent is intentionally impoverishing him or herself.

Emergency Modification of Child Custody Awards

When an emergency arises, courts in any State have the power to enter a temporary order of custody under the Uniform Child Custody Jurisdiction and Enforcement Act. Under the Parental Kidnapping Prevention Act, the court in the state where the child lives has primary and continuing jurisdiction over the custody of a child, and it may issue a permanent change in custody, whether or not there is an emergency.

Natural Parent Presumption in Custody Awards

Although a court may order custody of a child to someone other than a parent or to an agency, in making that decision, the court must first consider the presumption that it is in the child's best interests to remain with one or both parents. The natural parent's superior right to custody of a child is not absolute and must yield to the best interest of the child.

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.

Criminal Interference with Child Custody

A parent who takes a child and fails to return him or her may be charged with a crime. There are state and federal laws that make it a crime to unlawfully retain, obtain, or conceal a child where someone else has lawful custody under an existing court order or where custody proceedings are pending.