Emergency Jurisdiction Issues in Child Custody Proceedings

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), a court may exercise jurisdiction when it is necessary to protect a child, the child's parent, or the child's sibling.

Ability to Offset Past-Due Child Support against Tax Refunds

Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.

Custody Enforcement through Writ of Habeas Corpus

In some states, where one parent has been granted custody but the other parent or a nonparent has refused to return the child to the custodial parent, the custodial parent may file for a writ of habeas corpus to request that the court order the child be returned.

Modification of Custody based on Parental Unfitness

If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.

Rights of Grandparents to Visitation

Many states offer an avenue for grandparents to seek visitation with their grandchildren. While most states permit a grandparent to petition for rights of visitation, some impose restrictions as to the circumstances under which the court will consider the petition.