Child custody

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.


 

• 1Child custody
  • 1.1 Child Support Enforcement in the U.S.
  • 1.2 Child Support Programs in Canada
  • 1.3 WomensLaw Custody Information
  • 1.4 Child Custody Links
  • 1.5 Child Custody Discussion Forum
• 2Child support enforcement offices
• 3Child support help
• 4Child custody jurisdiction
• 5Single Parent Travelling With Child(ren)

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Child Support Enforcement in the U.S.

Remedies for Collecting Child Support Start at the State Level:

There are a variety of state civil and criminal remedies for collecting child support in addition to assistance locating parents who fail to make court ordered child support payments. In each state there are agencies, known as "Title IV-D" agencies, which are required by Federal law to provide child support enforcement services to anyone who requests such services. To locate your local child support enforcement agency, go to State Child Support Enforcement Web Sites

Child Support Recovery Act

Federal child support enforcement became possible with the passage of the Child Support Recover Act (CSRA) in 1992. The CSRA aimed to deter nonpayment of state ordered support obligations through vigorous prosecution of egregious offenders. While federal prosecution efforts were successful under the CSRA, some law enforcement agencies found that the simple misdemeanor penalties provided for under the Act did not have the force to deter the most serious violators.

Deadbeat Parents Punishment Act

The problem with enforcement under the CSRA was remedied in 1998 with the passage of the Deadbeat Parents Punishment Act (DPPA) which created two new categories of federal felonies for the most egregious child support violators.

The Law Today

Today, a child support violator can be prosecuted under Federal law if the following facts exists: 1) the violator willfully failed to pay; 2) a known child support obligation; 3) which has a) remained unpaid for longer than a year or is greater than $5,000 (misdemeanor), or has b) remained unpaid for longer than two years or is greater than $10,000 (felony) 4) for a child who resides in another state, or 1) the violator traveled in interstate or foreign commerce; 2) with the intent to evade a support obligation; 3) if such obligation has remained unpaid for a period of one year or longer-or is greater than $5,000 (felony). See 18 U.S.C. §228.

Prosecutorial Considerations

Even if the above facts are present in an individual case, a decision whether or not a federal prosecution will be pursued may also include the following considerations: 1) Whether state civil and criminal remedies reasonable available have first been pursued; 2) Whether the violator has exhibited a pattern of moving from state to state to avoid payment; 3) Whether the violator has actually attempted to conceal his whereabouts or identity including using an alias or false social security number; and 4) Whether the violator has failed to comply with a support order despite previous contempt orders in state court.

For further information, see Handbook on Child Support Enforcement

More information on: International Parental Kidnapping

U.S. Department of Justice, Criminal Division
Child Exploitation and Obscenity Home page
Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue, 6th Floor
Washington, D.C. 20530

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Child Support Programs in Canada

www.doj.ca/en/ps/sup

Includes provincial and territorial child support programs, custody and access information and the Canada Revenue Agency.

Mail
Family, Children and Youth Section
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
Canada K1A 0H8

Telephone
For general information on child support or to receive copies of our publications, please call us:

National Capital Region: (613) 946-2222
Canada and the continental United States: 1-888-373-2222

Fax
(613) 946-2211

E-Mail
E-mail: support-pensions@justice.gc.ca

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WomensLaw Custody Information

WomensLaw.org | Custody

State-by-state legal information and resources for domestic violence.

• Info on Domestic Violence
• Info for Teens
• Info for Immigrants
• Military Info
• Tribal Info
• Custody & Kidnapping Info
• Safety Planning
• Internet Security
• National Links & Resources
• Chats & Message Boards
• Volunteer Opportunities
• Questionnaire

For state information, select your state from the list at the top-left corner of any page. For legal information that applies to all the states, use the links on the left-side of this homepage.

National Domestic Violence Hotline:
1-800-799-SAFE (7233) or
(TTY) 1-800-787-3224

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Child Custody Links

WORLDLawDirect - Child support enforcement -- State offices
Child support enforcement -- State offices
By WORLDLawDirect [April 18th, 2005]

Child support FAQ's - Legal advice and help
Child support FAQ's - Legal advice and help
By Chris Mason [April 15th, 2007]
We frequently receive "family law" questions regarding the legal obligation of parents to pay support for their children. This FAQ is a general introduction to the legal obligation of parents to pay support...

WORLDLawDirect - Glossary of child support enforcement terms
Glossary of child support enforcement terms
By WORLDLawDirect [October 10th, 2006]

WORLDLawDirect - Child support enforcement -- Introduction
Handbook on Child Support Enforcement U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) Office of Child Support Enforcement (OCSE)...

WORLDLawDirect - Which court in child custody cases?
Which court in child custody cases?
By Becky Glassner [April 18th, 2005]
Most custody decisions are made by family courts. However, where a juvenile court has found that a minor poses a threat to society if current custody arrangements continue...

WORLDLawDirect - A Father's Guide to Winning Child Custody (Book)
A Father's Guide to Winning Child Custody [October 10th, 2006]
Book Title: Civil War: A Father's Guide to Winning Child Custody (Paperback) by Joseph E. Cordell (Author) Product Details: Fathers Rights to Custody...

WORLDLawDirect - Child custody and unmarried parents
Child custody and unmarried parents
By WORLDLawDirect [April 18th, 2005]
Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself...

Child Custody: Parenting Agreements (Book)
Child Custody: Parenting Agreements
Book Review [October 10th, 2006]
Book Title: Child Custody: Building Parenting Agreements That Work (Paperback) by Mimi E. Lyster Editorial Reviews: Working out a fair and realistic custody agreement...

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Child Custody Discussion Forum

Latest threads from the forum Child Custody & Support

 

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