Child Custody & Support
| Child Support Modification Upon Emancipation of a Child |
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| A non-custodial parent's support obligation generally continues until their child reaches the age of legal majority or becomes emancipated. Where a child has achieved independence from effective parental control, and is no longer dependent upon parental support, the child support obligation may be terminated, even if the child has not yet reached the age of majority. The most common cause of emancipation, however, is attainment of the age of majority. More... |
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| Involuntary Child Custody Proceedings under the Indian Child Welfare Act |
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| When an agency of a state believes that it is the best interests of a child, who could be of Native American descent, to take involuntary custody of the child from his or her parents, the procedures set forth in the Indian Child Welfare Act must be followed. The Act requires notice, a right to intervene in the proceedings by the child's tribe and Indian custodian, appointment of counsel for an indigent parent or Indian custodian, access to court records, and jurisdictional and trial considerations. More... |
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| Termination of Visitation Rights |
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| Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court. 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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| Parental Support of Disabled Adult Children |
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| A parent's child support obligation may not terminate when the child attains the age of majority. If an adult child cannot be self supporting due to a disability, the state may require that child support be continued. More... |
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