Child Support Enforcement

When it comes to child support enforcement, many parents don't know where to turn. All states have child support services that may assist with collecting back child support. However, this bureaucratic process can often take several months or years, and often with no success.

Another option available to the custodial parent who receives child support is to go through the courts. Rather than waiting for the child support agency to take action, a parent can be proactive by petitioning the court to enforce the order and hold the obligor parent (the one who has been ordered to pay child support) in contempt for violation of the child support order. This process is generally much faster and more effective.

Often, the parent who is not receiving the child support may be having financial difficulties limiting his or her ability to get legal help from an attorney, which can cost thousands of dollars. Fortunately, there are alternatives. One can do-it-yourself, however this may be difficult for many.

Another affordable alternative is to use a legal document preparation company. Fair warning: only use a company that is owned and operated by attorneys. If the company is not owned and operated by attorneys, they may be committing the unauthorized practice of law. In addition, you will not be getting the quality of service for which you think you are paying for your child support help.

I Don't Get to See My Child, What Do I Do?

The most common child custody question we get asked at The Attorney Connection's Child Custody Center is "What do I do?" All too often, it is in the context of a parent (usually fathers), who tell us how the other parent is unreasonable and is not letting him/her see their child for no reason at all. Unfortunately, they let this situation go on for way too long.

What to do? Take action. It's a lot simpler than most people think. If you don't have a child custody order in place, you need to petition the court to get one established. What a court order does is protect your parental rights and giving you recourse if the other parent does not comply. If you have an existing child custody and visitation order or parenting plan in place, you probably need to file a Motion for Contempt/Petition to Enforce, or similar motion depending on the jurisdiction. Bottom line, nothing will change with your child custody situation unless you takes steps to initiate change.

To hire a typical law firm to help you with this generally costs thousands of dollars. The Attorney Connection provides you with the professional legal help you need for a low flat fee and saves you thousands! CLICK HERE to find out more about getting help with your child custody and/or support case.

How Do International Custody Cases Get Decided?

The Hague Convention, to which the United States is a signatory, was adopted to address the problem of child abduction by family members, which not infrequently occurs in connection with transnational custody disputes. The Convention's purpose is to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence .

In the United States, a person invokes the protections of the Convention by
filing a petition in state or federal court under ICARA. 42 U.S.C. § 11603(a), (b)
(2006). The court then "shall decide the case in accordance with the Convention." Id. § 11603(d). The petitioner bears the burden of proving "that the child has been wrongfully removed or retained within the meaning of the Convention." Id. § 11603(e)(1)(A).

The Convention empowers courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims. The U.S. district court is to ascertain only whether the removal or retention of a child was "wrongful" under the law of the child's "habitual residence," and if so, to order the return of the child to the place of . . . "habitual residence" for the court there to decide the merits of the custody dispute. CLICK HERE for Child Custody and Support Help.

When Does California Have Jurisdiction to Modify a Child Custody Order?

If a California court is called on to modify a custody determination made by a court of another state, it generally cannot modify the other state's custody determination unless the facts warrant temporary emergency Fam C §3424. Generally, the state that made the initial custody determination will have exclusive, continuing jurisdiction. Fam C §§3422-3423; Marriage of Paillier (2006) 144 CA4th 461, 469, 50 CR3d 459. The criteria for initial custody jurisdiction under the UCCJEA are set forth in Fam C §3421(a)-(b). jurisdiction.

However, a California court may modify an initial or subsequent order of another court if: (1) the California court has jurisdiction to make an initial custody determination under Fam C §3421(a)(1) or (a)(2); and (2) either of the following conditions is met:

· The court of the other state determines that it no longer has exclusive, continuing jurisdiction under Fam C §3422 or that a California court would be a more convenient forum under Fam C §3427; or

· A California court or a court of the other state determines that the child, the child's parents, and any person acting a parent do not presently reside in the other state. (Fam C §3423):

“The court that first enters a custody decree on a matter gains exclusive jurisdiction, but that jurisdiction continues only until all parties and the children that were the subject of the decree have left the state. “ Novatny v. Novatny, (Ind. Ct. App. 2007) (citing In re Custody of A.N.W., 798 N.E.2d 556, 561 (Ind. Ct. App. 2003) , trans. denied.)

CLICK HERE to find out more.

Who Gets Custody When Child is born out of wedlock.

The father of a child born out of wedlock has the same parental preference rights to custody as he would had he and the mother been married, provided the father has diligently and timely pursued his claim. The key is that the father must proactively pursue the parental rights to which he is entitled. Generally, the mother will take custody of the child immediately following birth, and the child may live with the mother for an extended period of time while the father will have to pursue legal action to assert his parental rights. At least one court has held that in the ensuing custody proceeding, the standard to be applied requires the father to prove that a change of custody will materially promote the child's best interests. As always, the ultimate question is "what is in the best interest of the child?" The resolution could be primary custody to the father or split custody if that is what is best for the child. Find out more about Child Custody Modification.

Legal Tips for Child Custody Modification

Generally, a party seeking child custody modification must first file a motion to modify in the original case. The modification documents should specify why a change in circumstances exists and what changes are sought. Some states also require a supporting affidavit or declaration. This affidavit should include the specific facts supporting the parties' allegation in the petition of how the child is being harmed in the present environment. The documents should also state how the child would benefit from the requested change.

If possible, a party seeking a child custody modification should also submit supporting affidavits from medical personnel, teachers, neighbors and any others who have witnessed events demonstrating the undesirability of the current custody arrangement. If the basis for the change in custody is child neglect, affidavits of social workers, neighbors, babysitters, or school personnel with personal knowledge of the neglect should be included. Likewise, if the basis is some type of abuse, an affidavit of a physician, nurse or other medical personnel describing the injuries and the type of treatment given should be included. CLICK HERE to Find Out More.

5 Key Tips When You Go To Court

Believe it or not, most non-lawyers do not know how to properly present and conduct themselves in court. Below are 5 key points to follow when going to court. Although they may seem like common sense, most people do not follow some or any of these crucial tips. And remember, if you are going to court to fight for the custody of your child, or to increase your visitation, (modify parenting time) or lower or increase child support, every little thing can add up to make a big difference.

Follow these courtroom tips:

1. Arrive in court early- First impression is so important. If you show up to court late, and the judge has already called your case, what do you think the judge will think? The judge is likely to think that you don't care enough about your case to show up to court on time and that you don't have respect for the court's time. What a bad first impression. Avoid this mistake and show up to court early.
2. Dress professionally- You don't need to wear a suit (although you can), but dress professionally. Again, first impression with the judge is vital.
3. Be prepared- Bring all of the documents and evidence that you may need to court. And have it well organized so that you are shuffling through papers during court to find something that the judge may deem relevant. Also, bring 2 copies of everything to court- one for the judge and one for the other party.
4. Be polite and professional- Just as you don't want to be interrupted when you are talking, show everyone else the same courtesy. NEVER interrupt the judge when he/she is talking. Remember, the court is going to do what is in the best interests of the child. You want the court to know that you are worthy of the responsibilities you are requesting. And always address the court when you speak, and refer to the judge as "Your Honor."
5. If the Judge asks you a question, answer the question- This tip sounds obvious, doesn't it? Amazingly enough, when asked a question, people often give long, drawn out answers, yet never answer the questions asked. As I always advise clients, "If the judge asks you what time it is, don't tell him how to build a clock."

Follow these tips and you will be giving yourself a better chance of the judge granting your request. And always remember that the focus of any child custody hearing is what's in the best interests of the children. CLICK HERE for professional legal help from Child Custody experts.