Putative Father's Right to Custody vs. Non-Parent

Recent years have witnessed a number of changes in the nature of marital and other domestic relations in the United States, with a concomitant modification in public attitudes toward such things as the status of children born outside of marriage. These changes have been accompanied by an evolution in the way in which the legal system views a number of issues related to family law. One such group of issues concerns the right of a putative father, that is to say, a man who is supposed or reputed to be the father of a child or children born to a woman to whom he is not married, or who claims to be the father of such a child or children, to assert an entitlement to custody of or visitation with such a child or children.

Jurisdiction Issues in Child Support Cases

Before a court can issue an order of child support, the court must assure itself that it has jurisdiction over the parties. Under the Uniform Enforcement of Foreign Judgments Act (UEFJA) and the Uniform Reciprocal Enforcement of Support Act (URESA) courts in other states will recognize and enforce lawfully issued child support orders.

Child Support in Shared Custody Cases

Most child support guidelines present a formula for calculating child support where the parents share custody of the child or children.

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.

Imputed Income for Child Support Determinations

In calculating how much child support should be paid to the custodial parent of a child, a count may consider not only how much money a parent is earning at the time of the hearing, but also certain other income and benefits, which the noncustodial parent routinely received during the months and years prior to the date the court makes its determination.