Child Custody and Support Newsletters

Appointment of an Attorney to Represent the Child in a Custody Case

In hotly contested custody cases, where the parents cannot agree on anything, courts often will appoint an attorney to represent the child or children of the parties to help resolve the custody issue. The decision to appoint an attorney is within the discretion of the court.

Best Interest of Child Test in Custody Determinations

In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute.

Parent Locator Services for Child Support Collection

The federal Parent Locator Service is available to help locate the parent of a child in order to establish a child support obligation and to collect past due amounts.

Types of Discovery Applicable in Child Custody Proceedings

Discovery is the process during the course of a legal action by which the parties to a lawsuit obtain information about the situation underlying the litigation and the factual and legal underpinnings of the other party's case. Rules of civil procedure in the courts of various jurisdictions regulate the discovery process in civil cases. Discovery procedures can be made use of in child custody proceedings arising out of a divorce between parties with a minor child or children as well as in other types of legal actions.

Use of a Child's Social Security Benefit in Determining Child Support

When determining the amount of a child support order, the first step is to ascertain the amount of income that is available to provide for the child. Determining this issue will generally determine the fairness of any child support order. An effective child support guideline should clearly provide rules for determining what resources may and may not be considered for child support determinations. If a child is receiving social security benefits, a child support order should clearly state whether this income is considered in determining the appropriate amount of child support.