| 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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| Custody Enforcement through Writ of Habeas Corpus |
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| 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. More... |
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| Uniform Child Custody Jurisdiction and Enforcement Act |
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| Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders. More... |
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| Putative Father's Standing to Seek Custody of a Child |
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| The changing nature of marital and other domestic relationships in the United States has been reflected in a corresponding evolution in the way in which the legal system deals with issues related to family law. One such group of issues concerns the child custody rights of a putative father, that is to say, a man who is supposed or reputed to be the father of a child born to a woman to whom he is not married or who claims to be the father of such a child. More... |
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| Impact of Child Abuse Allegations in Child Custody Proceedings |
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| If an accusation of child abuse or neglect arises during a civil proceeding involving the child's parents, whether a divorce, paternity or other proceeding in which child custody and visitation decisions are made, it will affect that proceeding. Until the report is investigated, decisions regarding the child's custody and the rights of visitation may be delayed. If the parent with custody of the child is named as the abuser or neglector, the child may be placed with the other parent, relative, or foster care. More... |
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