| Criminal Interference with Child Custody |
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| A parent who takes a child and fails to return him or her may be charged with a crime. There are state and federal laws that make it a crime to unlawfully retain, obtain, or conceal a child where someone else has lawful custody under an existing court order or where custody proceedings are pending.
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| Attachments in Child Support Actions |
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| Courts may use the legal process of attachment to separate property, whether real or personal and place it under the control of the court when the owner of the property fails to comply with his or her child support obligation. In some circumstances it may also be used to bring a person before the court, compel an appearance, or arrest a fund in the hands of a third person who may be liable to pay it over to the court. More... |
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| The Parental Preference Standard in Custody Disputes |
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| A parent has a constitutional right to raise his or her child. That right is recognized in child custody proceedings by the "parental preference" standard. The standard, which is also known as the unfitness or extraordinary circumstances rule, requires that in a child custody dispute between a child's parent and a non-parent, placement of the child with the parent is preferred. Some courts have concluded that parental placement is in the best interests of the child. However, if the parent is unfit to parent the child or extraordinary circumstances exist that caution against placing the child with the parent, then custody of the child could be award to a non-parent. More... |
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| Custody Enforcement through Sanctions |
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| Where a person has been awarded the custody of a child and another person or agency has failed to return the child to that person, the person with legal custody can file a motion for contempt of court and request that some penalty or sanctions be imposed on the one who unlawfully failed to return the child. More... |
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| Child Support Modification when Child Reaches Age of Majority |
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| In most situations, a parent is no longer obligated to pay child support for a child after the child reaches the age of majority. However, the parent is not automatically permitted to stop making payments. If the parent wants to stop or modify the child support obligation, the parent may be required to file a motion with the court. More... |
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