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.

Custody Enforcement through Sanctions

Where a person has been awarded the custody of a child and another person or agency has failed to return the child to that person, the person with legal custody can file a motion for contempt of court and request that some penalty or sanctions be imposed on the one who unlawfully failed to return the child.

Uniform Interstate Family Support Act

The Uniform Interstate Family Support Act (UIFSA), exacted in 1996, provided a new framework for states to use in collecting child support where the child and the parent reside in different states. It made it easier for state courts to exercise jurisdiction in establishing and collecting child support.

Involuntary Child Custody Proceedings under the Indian Child Welfare Act

When an agency of a state believes that it is the best interests of a child, who could be of Native American descent, to take involuntary custody of the child from his or her parents, the procedures set forth in the Indian Child Welfare Act must be followed. The Act requires notice, a right to intervene in the proceedings by the child's tribe and Indian custodian, appointment of counsel for an indigent parent or Indian custodian, access to court records, and jurisdictional and trial considerations.

Ability to Offset Past-Due Child Support against Tax Refunds

Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.