For the PressThe Interplay of Statutes on Parental Rights, Responsibilities,
and Parent/Child Contact
I. THE INTERPLAY OF STATUTES ON PARENTAL RIGHTS, RESPONSIBILITIES AND PARENT/CHILD CONTACT
1. Custody and Visitation in Divorce and Paternity Proceedings
4. Relocation of a Child, Custodial, or Non Custodial Parent from the State
5. Rights of Grandparents and Third Parties for Access to or Custody of Children:
Grandparents
Stepparents
Gay and Lesbian Partners
B. Parental Kidnapping Prevention Act
C. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Selected Provisions of the UCCJEA
Jurisdiction of Court to Make Custody Determinable — Family Code § 3421
Notice and Opportunity to be Heard — Family Code § 3425
How to Give Notice to Out-of-State Person — Family Code § 3408
Communication with Court in Another State — Family Code § 3410
Inconvenient Forum — Family Code § 3427
A Declaration Under the UCCJA Must Be Filed in the Proceeding — Family Code § 3429
Joining of Person not a Party Who has Physical Custody — Family Code § 3425
Party Ordered to Appear in Person — Family Code § 3430
Modification of Other State's Decree — Family Code § 3423
General Policies Extend Internationally — Family Code § 3405
Custody Proceeding Under the UCCJEA Have Calendar Priority — Family Code § 3407
II. COMMENCING OR DEFENDING AN INITIAL CUSTODY PROCEEDING
A. Tactical Decisions: When to File; What Kind of Legal Action Should Initiate Custody Proceedings
B. Client Contact and Use of Available Resources During Custody Litigation
D. Experts — What Kind and How to Use Them:
F. Effect of the Child Support Laws Upon Custody Determinations
B. The Right of Attorney to Withdraw From Representation
C. Attorney Contact With Children
D. Special Concerns for Guardians Ad Litem Who Are Attorneys and for Attorneys for Children
IV. CUSTODY MODIFICATION PROCEEDINGS
1. Prior Judicial Determination
3. Exceptions
Home Visits in Child Custody Evaluation
1. Purpose and Intention of the Home Visit
2. Important Information is Gathered
3. Direct Observation of the Family Interaction in Their Environment
4. Other Issues
Collateral Interviews in Child Custody Evaluation
6. Methodology
7. Incorporation into the Report
8. Other Issues
Important Child Custody Criteria (Things to Look for in a Psychosocial Child Custody Evaluation)
9. Nature and Basis of Parent-Child Relationship
10. Child's Capacity to Adjust to a New or Different Form of Custodial Arrangement
12. Ability to Separate Parental Role from Spousal Role
13. Socialization and Social Support
14. Parenting Plan
15. Parental Alienation Syndrome (PAS)
17. Degrees of PAS
(a) Legal Interventions
(1) Early negotiation or mediation
(2) Court-ordered visitation
(3) Transfer of custody
(4) Joint custody
(b) Therapeutic Interventions
(1) Therapy
(2) Parent-child sessions
20. Conclusion
D. Use or Misuse of Domestic Abuse Proceedings to Affect Custody Modification
A. How Do you Divide the Child?
B. What Do You Do for an Out-of-State Parent?
C. Developmental Issues of Children vs. Parental Demands in Structuring Visitations Schedules
E. Use of Guardians Ad Litem and Visitation Expediters to Resolve Parental Conflicts on Scheduling
A. What Are Their Roles and Duties?
1. Appointment of Attorneys for Children
2. When Does the Court Appoint an Attorney to Represent the Child?
3. Why Is an Attorney Appointed to Represent the Child?
4. What is the Difference Between a Court-Appointed Attorney and a Guardian Ad Litem?
B. Case Law, Legislation, Rules and Practice Governing the Role of Guardian Ad Litem in Family Court
VII. TRIAL ISSUES
C. Trying a Case With an Adverse Evaluation From the Court
Avoid the Adverse Evaluation by Preparing the Client in Advance
2. Preparing for the Evaluation
3. Attorney Letter to Evaluator
4. Psychologically Prepare the Client
8. Studying the Evaluator's Report
10. Preparation for the Evaluation
11. Factors the Evaluator Looks for If a Custody Change is Requested
D. Structuring the Information to be Presented to the Court
E. Evidentiary Considerations — Making Your Case
1. Privileges
2. Hearsay Rule
3. Foundation
F. In Camera Attorney Interviews of Children — When or Why Not
VIII. ENFORCEMENT
A. When Is a Parent in Contempt?
Acts and Omissions Constituting Contempt
Orders for Necessities of Life
When a Contempt Iis Committed in the Presence of the Court
Contempt to Not Appear at Deposition
Family Code Orders Enforceable by Contempt
Reconciliation and Mitigation of Contempt
Contempt and Appearance Before Court
B. Remedies Realistically Available; How They Are Invoked
Practical Methods for Recovering Children Wrongfully Removed from Other States and Countries
1. Register a Certified Copy of the Court Order that Grants Custody to Your Client With the Local Court
2. Include Proof that the Abducting Parent Had Notice of the Custody Proceeding
C. How to Ensure Visitation Rights and Exercise Joint Legal Custody
2. Change of Custody Requests Based on the Other Parent's Efforts to Frustrate Visitation
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