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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment ...
The GAL's only job is to represent the minor children's best interest and advise the court. A guardian ad litem is an officer of the court, does not represent the parties in the suit, and often enjoys quasi-judicial immunity from any action from the parties involved in a particular case. Qualifications for becoming recognized as a GAL could ...
In India, child custody laws primarily fall under personal laws specific to different religions and the secular Guardians and Wards Act, 1890. Here is an overview: Hindu Law: For Hindus, the Hindu Marriage Act, 1955 and the Hindu Minority and Guardianship Act, 1956, govern child custody. The custody of a child under the age of five is usually ...
Probation or supervised release is considered custody for purposes of federal habeas corpus law, and therefore can be challenged under 28 U.S.C. § 2255. Probation officers are entitled to qualified immunity from probationers' due process claims because probationers cannot claim a property interest in the statutory procedural protections. [194]
Joint custody is a court order whereby custody of a child is awarded to both parties. [1] [2] In the United States, there are two forms of joint custody, joint physical custody (called also "shared parenting" or "shared custody") and joint legal custody. [2]
A parenting coordinator (PC) is a court-appointed professional psychologist or lawyer who manages ongoing issues in high-conflict child custody and visitation cases. [1]As of May 2011, ten U.S. states had passed legislation regarding parenting coordinators: Colorado (since 2005), Idaho (2002), Louisiana (2007), New Hampshire (2009), North Carolina (2005), Oklahoma (2001), Oregon (2002), Texas ...
These bills seek to establish a presumption of joint legal and physical custody. they also would establish a rebuttable presumption of equal or approximately equal physical custody. Rebutting this presumption requires clear and convincing evidence that joint custody is harmful to the child. These bills are under review.