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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| 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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| Effect Of Adoption on Non-Parent Visitation |
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| When a child is adopted, he or she becomes a part of the new adoptive family. As a result, the child's ties to his or her old, natural or biological family are ended. If visitation rights had been granted to a nonparent, usually a grandparent, before the adoption, most courts would not permit continuation of the visitation. However, if the child is adopted by a stepparent, some courts would continue the visitation by the nonparent, if it is in the child's best interests. More... |
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| Impact of Remarriage on Custody Arrangements |
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| The fact that a parent remarries does not, of itself, require any change in the custody of a child. After a divorce, parents are free to form new relationships. As long as that new relationship does not adversely affect a child, the court is unlike to make a change in custody. More... |
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| Tender Years Presumption in Custody Awards |
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| The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations. More... |
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