Children

Question 1

UIFSA Rules

Answer 1

• UIFSA provides enforcement and modification rules in all 50 states. Under UIFSA, original jurisdiction is where the first petition is filed.
• Other states may have jurisdiction only if the petitioner objected in the first action or the second state is the child’s home state.
• The court with original jurisdiction has exclusive and continuing jurisdiction to modify it if there has been a substantial and continuing change of circumstances affecting the child or the ability of the parent to pay.
• Past installments of child support may not be modified retroactively.

Question 2

Other states’ enforcement of child support orders

Answer 2

Other states may enforce child support orders with direct enforcement or by registration.

Question 3

Custody decision issuing court

Answer 3

Under the UCCJEA, a court can make initial custody decisions if it is the child’s home state (or was within the past six months and one parent still lives there) and all other states must give full faith and credit to that decision. The issuing court has continued and exclusive jurisdiction.

Question 4

When the issuing court denies jurisdiction

Answer 4

The issuing court may deny jurisdiction and if so, the jurisdiction will be where the child and at least one parent have a significant connection, and substantial evidence concerning the child is available there.

Question 5

Modification of Child custody orders

Answer 5

The standard in awarding and modifying child custody orders is the best interest of the child, which includes the wishes of the parents, the child’s preference (particularly if they are older than 12), the child’s relationship to each parent and the child’s adjustment of home, school and community. The court has significant discretion here.

Question 6

Joint custody

Answer 6

Joint custody is generally encouraged, and the court has discretion to consider factors including whether the parents are agreeable and able to communicate with one another, geographical proximity, the level of involvement of both parents, the effect on the child, and the child’s preference. If the parents are openly hostile, a court will not grant joint custody.

Question 7

Custody modification standard

Answer 7

Custody will be modified if there has been a substantial change in circumstances affecting the child’s wellbeing and the child’s best interest is the overriding concern.

Question 8

Removing child from original jurisdiction

Answer 8

If the child is removed from the original jurisdiction, the removing parent must file the custody order in the new state and seek enforcement.

Question 9

Adoption

Answer 9

Generally, a child may not be adopted without consent of both parents

Question 10

Unwed father’s consent to adoption

Answer 10

Depends on relationship and involvement. Include 1) whether the parents lived together, 2) whether the father admitted paternity, 3) whether the father paid child support, and 4) whether the father had any responsibility for supervision, education, protection or care.