Are Laws About Child Custody Working?
Facts on laws of custody for each state can be found in a local law library. Cornell has an online site, but is not very user-friendly to anyone new to law research. The federal government has actually passed some general family act law, but laws about child custody has primarily been left to the states. The national media would not necessarily pick up on a new law for child custody in a state unless it was controversial. Therefore, there is more law for custody on the books than most people realize.
One of the laws protecting the family is the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). In the beginning of child custody netotiations, expenses are factored for the planning for your children's insurance coverage. Parents are expected to continue medical coverage for the children, but not for an ex when the divorce is final. Medical coverage is usually required to be continued for a spouse during divorce proceedings. Now, an uninsured spouse has the right to continue medical coverage for up to three years under the same policy according to COBRA. The premium may be higher, but at least an unisured ex has time to find another policy and remains protected.
Prior to 1968, governance for child custody was determined only by where the kid(s) lived. So, parents would move to where they wanted and then filed their petitions in court. A federal statute called the Uniform Child Custody Jurisdiction Act was enacted to curtail child abduction in some cases and jurisdiction shopping in many other instances. Now, the courts may hear the case where it is filed or defer to another jurisdiction if the child lived elsewhere. When there are compelling reasons for a move away from one area of legal authority to another, the court will usually hear the case where it is filed.
Uniform Child Custody Jurisdiction Enforcement Act applies to guardianship, parental rights termination, abuse, paternity, and custody actions. Thirty-eight states have adopted this act to prevent interstate kidnapping. It also provides for systematic and seamless enforcement of custody orders.
Two acts that enable law enforcement, a state's district attorney's offices, and the IRS from different states to collect child support are the Uniform Interstate Family Support Act and the Uniform Reciprocal Enforcement of Support Act. Liens can be placed on property, wages can be garnished, and overpaid taxes can be deferred to the parent entitled to back child support.
More federal legislation provides for the physical protection of women and children. Victims of domestic violence and abuse are aided by Missing Children's Assistance Act, the Unlawful Flight to Avoid Prosecution warrant, the Violence Against Woment Act, and the Civil Rights Remedies for Gender-Motivated Violence Act. These acts are related to laws about child custody, but deserve the undisturbed and complete focus of yet another four-hundred word article on laws about domestic violence and child abduction.
About the Author
Lil Lyon is on fire for kids caught in the middle of their parent's divorce. She knows that they are the innocent victims of parental conflict. That's why she started: <br /><br /> http://forchildcustody.com<br /><br />Lil wants every kid to have the best life possible whether their parents stay together or not. Begin your child custody plan, choose the best lawyer, forecast courtroom perceptions, use strategies from pros, and much more!
Tell others about
this page:
Comments? Questions? Email Here