Family Law Newsletters
Adoption and Safe Families Act – Termination of Parental Rights
The Adoption and Safe Families Act (ASFA) requires a state to file a petition to terminate a parent’s parental rights to a child if:
Child Support Enforcement and Paternity Issues
At common law, a putative or alleged father of a child produced out of wedlock had no duty to support that child. However, the statutory law changed the common law and required both parents to support the child.
Interference with an Agreement to Marry
Depending upon the state, interfering with an agreement to marry may be a civil offense or a tort. However, the majority of states do not recognize a claim for interfering with an agreement to marry. Although most states recognize the claim of tortious interference with a business relation or with a general contract, states are more reluctant to permit a claim for liability with respect to a premarital setting.
Parental Kidnapping Prevention Act
In 1980 Congress enacted the Parental Kidnapping Prevention Act (PKPA) to close existing gaps and bring greater uniformity to interstate child-custody practice. The PKPA requires state courts to enforce and not modify custody and visitation determinations made by sister states unless the original state either no longer has jurisdiction or declined to exercise jurisdiction.
Post-Decree Modification of Child Custody
A court is guided by one principle when deciding the issue of child custody. That principle is the best interest of the child. The best interest of the child is determined by examining the child’s relationship with the parents and important family members, the child’s health and social development, and the child’s general well-being.