Newsletters

Sole Legal Custody Awards

Where joint legal custody is not appropriate, a court may award sole legal custody to one parent. Being granted sole legal custody gives that parent the right to make the important decisions affecting the child's health, education, and welfare.

Medical, Psychological and Social Evaluations for Child Custody Awards

Prior to making a determination of custody of a child, the court may order a medical, psychological, or social evaluation of the child or the parents, or all of them. As part of the evaluation, the court may request that the doctor, psychologist, or other professional expert give a report and make a recommendation as to custody and visitation.

Parental Kidnapping Prevention Act

Under the Federal Parental Kidnapping Prevention Act, the home state of a child has jurisdiction to establish custody and visitation of the child. That state court continues to have jurisdiction over custody issues, and all other state courts are required to give full faith and credit to the court orders of the home state.

Allocation of Child Tax Exemptions for Divorced Parents

In establishing custody and child support, a court has authority to allocate the tax exemption for children of divorced parents. The tax exemption may also be negotiated and agreed upon by the parties.

Garnishment in Child Support Actions

When the assets of the absent parent are unknown and outside the jurisdiction of the court, a garnishment of the parent's wages to collect past due child support obligations may be appropriate.