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.

Uniform Child Custody Jurisdiction and Enforcement Act

Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders.

Best Interest of Child Test in Custody Determinations

In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute.

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.

Use of a Child's Social Security Benefit in Determining Child Support

When determining the amount of a child support order, the first step is to ascertain the amount of income that is available to provide for the child. Determining this issue will generally determine the fairness of any child support order. An effective child support guideline should clearly provide rules for determining what resources may and may not be considered for child support determinations. If a child is receiving social security benefits, a child support order should clearly state whether this income is considered in determining the appropriate amount of child support.