Child Custody and Visitation Law and Practice
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Product description
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This national publication covers all custody and visitation matters handled by the family law practitioner including:
• every phase of a disputed custody or visitation proceeding
• effective use of expert witnesses
• substantive law of custody and visitation
• alternatives to traditional approaches
• practical advice on management of a case
• analysis of UCCJEA, PKPA, ICWA, and the Hague Convention on Civil Aspects of International Child Abduction
Topics discussed include:
• Child custody mediation
• Child abuse and custody
• Rights of putative fathers
• International enforcement of custodial rights
• The effective use of mental health experts and child custody evaluation reports and custody determinations in light of the new reproductive technologies in custody-visitation disputes
• Disputes between parents
• Disputes between parents and non-parents
• The role of child preference
Special features include over 150 litigation forms, scope notes, extensive footnotes covering all 50 states, and a detailed state-by-state analysis of the UCCJEA.
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Table of contents
What's New 1
STATE HIGHLIGHTS NEW DEVELOPMENTS 2
CHAPTER 1 OVERVIEW: DEVELOPMENT OF THE LAW OF CHILD CUSTODY AND VISITATION 10|48|93|104
CHAPTER 2 INITIAL CLIENT INTERVIEWS AND CASE EVALUATIONS 7|25|45|53
CHAPTER 3 IMPACT OF THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA): AN OVERVIEW 14|47|160|223|239
Appendix 3A: UNIFORM CHILD CUSTODY JURISDICTION ACT JURISDICTIONS 27|80
Appendix 3B: PARENTAL KIDNAPPING PREVENTION ACT OF 1980 2
Appendix 3C: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (1997). 46
CHAPTER 4 INTERSTATE CHILD CUSTODY JURISDICTION UNDER UCCJA, UCCJEA AND PKPA 5|29|114|193|220
CHAPTER 5 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 7|27|74|95|103
CHAPTER 6 COMMENCEMENT OF ACTION OR PROCEEDING 12|42|53|57
CHAPTER 7 DOMESTIC ABUSE OR VIOLENCE IN CHILD CUSTODY CASES 4|30|53|55
CHAPTER 8 TEMPORARY CUSTODY DETERMINATIONS 9|37|68|71
CHAPTER 9 COUNSEL FEES IN CUSTODY PROCEEDINGS 15|64|109|122
CHAPTER 10 CUSTODY DISPUTES BETWEEN PARENTS 19|73|124|137
CHAPTER 11 DISPUTES BETWEEN PARENTS AND THIRD PARTIES 17|30|43
CHAPTER 11A ASSISTED REPRODUCTIVE TECHNOLOGIES AND COLLABORATIVE REPRODUCTION 4|20|37|44|46
CHAPTER 12 CHILD PREFERENCES 17|46|62|66
CHAPTER 12A LEGAL REPRESENTATION OF CHILDREN IN CUSTODY AND VISITATION CASES 15|57|91|103
CHAPTER 13 JOINT CUSTODY 24|76|88
CHAPTER 13A RELOCATION BY THE CUSTODIAL PARENT 11|24
CHAPTER 14 CUSTODY AND VISITATION AGREEMENTS 16|58|137|142
CHAPTER 15 DIVORCE MEDIATION 9|36|70|84
CHAPTER 15A CHILD CUSTODY MEDIATION 18|52|113|116
CHAPTER 16 VISITATION 20|64|68
Appendix 16-A GRANDPARENT VISITATION STATUTES 2
Appendix 16-B: EFFECT OF ADOPTION ON NON-PARENT VISITATION 2
CHAPTER 16A VISITATION AND CHILD SUPPORT 11|25|36
Appendix 16A-A: UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT 1968 REVISED ACT 7|50
CHAPTER 17 DISCOVERY 14|66|120
CHAPTER 18 PRE-TRIAL PREPARATION 8|41|83|94
CHAPTER 19 TRIAL PROCEDURE AND ADVOCACY 11|56|98|102
Appendix 19A: TRIAL MANUAL 8|18|21
CHAPTER 20 EVIDENCE 12|56|90|93
CHAPTER 20A GUIDELINES FOR CHOOSING AN EXPERT WITNESS FOR A CHILD CUSTODY PROCEEDING 11|39|56
CHAPTER 21 EFFECTIVE USE OF PSYCHIATRISTS 7|20|47|62
Appendix 21A: RETAINER AGREEMENT FOR PSYCHIATRIST TO SERVE AS IMPARTIAL EXPERT FOR BOTH PARTIES IN A CUSTODY DISPUTE 2
Appendix 21B: RETAINER AGREEMENT FOR PSYCHIATRIST TO SERVE AS AN ADVOCATE FOR A PARTY IN A CUSTODY DISPUTE 2
Appendix 21C: CHILD'S DEVELOPMENTAL HISTORY QUESTIONNAIRE 2
Appendix 21D: RATING OVERT BEHAVIOR OF YOUR CHILD 2
Appendix 21E: REPORT OF IMPARTIAL EXPERT PSYCHIATRIST CHOSEN BY THE PARTIES 2
CHAPTER 22 EFFECTIVE USE OF PSYCHOLOGISTS 9|29|52|68
Appendix 22A: PSYCHOLOGICAL TESTING REPORT 2
CHAPTER 23 EFFECTIVE USE OF SOCIAL WORKERS 7|27|53|61
Appendix 23A: SOCIAL WORKER'S REPORT 2
CHAPTER 24 EXAMINATION AND QUALIFICATION OF EXPERT WITNESSES 11|31|36|38
CHAPTER 24A CONDUCTING AN EVALUATION IN A CHILD CUSTODY OR VISITATION DISPUTE: A CHILD CUSTODY EVALUATOR'S PERSPECTIVE 8|25|46
Appendix 24A-1: SERVICES AGREEMENT 2
Appendix 24A-2: CHILD CUSTODY EVALUATION 2
CHAPTER 24B ASSESSING ALLEGATIONS OF SEXUAL ABUSE IN A CUSTODY OR VISITATION DISPUTE 8|30|40
Appendix 24B-1: PSYCHOLOGICAL EVALUATION REPORT 2
CHAPTER 25 MODIFICATION AND ENFORCEMENT OF FORUM STATE'S CUSTODY-VISITATION DIRECTIVES 10|56|88|114|116
CHAPTER 26 APPEALS 12|35|45|47
CHAPTER 27 TRIAL OF CUSTODY CASESS VIEWED BY A TRIAL JUDGE 12|17|20|23
CHAPTER 28 TERMINATION OF PARENTAL RIGHTS 10|41|63
CHAPTER 29 THE INDIAN CHILD WELFARE ACT AND LAWS AFFECTING INDIAN JUVENILES 12|62|104|112
Appendix 29A: INDIAN CHILD WELFARE ACT OF 1978 2|3|4|11|33
Appendix 29B: BUREAU OF INDIAN AFFAIRS, GUIDELINES FOR STATE COURTS; INDIAN CHILD CUSTODY PROCEEDINGS 2
Appendix 29C1: 25 CFR 13--TRIBAL REASSUMPTION OF JURISDICTION OVER CHILD CUSTODY PROCEEDINGS 2|3|6|13
Appendix 29C2: COMMENTS 2
Appendix 29D1: 25 CFR 23--INDIAN CHILD WELFARE ACT IMPLEMENTATION 2|12|56
Appendix 29D2: COMMENTS 2
Appendix 29D3: COMMENTS 2
Appendix 29D4: COMMENTS 2
CHAPTER 30 RIGHTS OF PUTATIVE FATHERS TO CUSTODY AND VISITATION 9|18
CHAPTER 31 ALLEGATIONS OF ABUSE IN CHILD CUSTODY AND VISITATION PROCEEDINGS 16|49|85|90|93
CHAPTER 32 INTERNATIONAL ENFORCEMENT OF CHILD CUSTODY 5|21|70|104
Appendix 32A: HAGUE INTERNATIONAL CHILD ABDUCTION CONVENTION; TEXT AND LEGAL ANALYSIS 2
Appendix 32B: AN ACT TO ESTABLISH PROCEDURES TO IMPLEMENT THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL ... 2
Appendix 32C: THE STATE DEPARTMENT ANALYSIS OF THE BILL AS ORIGINALLY INTRODUCED (SB 1347) TO ENSURE THE FULL ... 2
Appendix 32D: INTERNATIONAL PARENTAL CHILD ABDUCTION A GUIDE FOR VICTIMS 2
Appendix 32E: PASSPORT SERVICES-- ISSUANCE AND DENIAL OF PASSPORTS TO MINOR CHILDREN 2
Appendix 32F: RETAINING A FOREIGN ATTORNEY 2
Appendix 32G: INTERNATIONAL JUDICIAL ASSISTANCE 2
GEN. APP. I: UPA (2002)