Child Custody & Support
| Allocation of Child Tax Exemptions for Divorced Parents |
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| 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.
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| Termination of Visitation Rights |
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| Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court. More... |
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| Expert Witnesses in Child Custody Proceedings |
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| The rules of evidence employed by the courts in legal actions set out the qualifications for expert witnesses, which may be said in a general way to consist of a level of education, training, or experience that has created in such a witness a degree of knowledge about a particular scientific or technical subject that is greater than the knowledge of such a subject possessed by people lacking such education, training, or experience. Unlike most witnesses, whose testimony in court proceedings is limited to factual matters actually known to them, expert witnesses are permitted, based on the factual evidence that has been presented in court, to express their opinions on issues related to the technical subjects within their areas of expertise. Extensive use of expert witnesses is made in both civil and criminal proceedings in the United States. More... |
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| Joint Physical Custody Awards |
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| In most states, "joint physical custody" means that each of the parents shall have significant periods of physical custody of a child. Joint physical custody is shared by the parents in such a way so as to assure the child of frequent and continuing contact with both parents. It does not require that both parents have equal time with the child. More... |
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| Uniform Reciprocal Enforcement of Support Act |
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| Problems arise where a parent and a child do not reside in the same state. To deal with jurisdictional problems in establishing and enforcing child support obligations, the federal government enacted the Uniform Reciprocal Enforcement of Support Act in the 1950s. Although it has been mostly replaced by the Uniform Interstate Family Support Act, enacted in 1998, URESA still applies in some situations. More... |
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