Uniform Reciprocal Enforcement of Support Act

Problems arise where a parent and a child do not reside in the same state. To deal with jurisdictional problems in establishing and enforcing child support obligations, the federal government enacted the Uniform Reciprocal Enforcement of Support Act in the 1950s. Although it has been mostly replaced by the Uniform Interstate Family Support Act, enacted in 1998, URESA still applies in some situations.

Liens to Enforce Child Support Obligations

Where a past due child support obligation has been reduced to judgment, a lien can be placed against property owned by the parent who owed the child support, and the state agency or custodial parent can execute on that property to collect the amount owed.

Termination of Visitation Rights

Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court.

Change of Circumstances in Child Custody

Before a court will consider a motion to change custody of a child, the person seeking the change is required to allege and prove a change in circumstances affecting the child and that the change is necessary or that the benefits of changing custody would outweigh the disruptive effect of uprooting the child.

Impact of Child Abuse Allegations in Child Custody Proceedings

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.