Newsletters

Child Custody Mediation

Mediation is one of a number of processes, known collectively as alternative dispute resolution or ADR, which are available for use by parties who have disagreements with one another that have traditionally been handled by the formal procedures of the legal system, but who wish to avoid the formality and expense of a court proceeding in seeking to resolve their differences. Unlike another well-known alternative dispute resolution process, arbitration, in which parties present the same types of evidence and adversary arguments they would employ in court before one or more disinterested third parties known as arbitrators, who then make a decision called an award that is generally binding on the parties to the dispute, the parties to a mediation procedure, with the assistance of a disinterested third party called a mediator, attempt to reach a voluntary agreement settling their differences between themselves. Mediation has recently received increasing attention as a method of resolving disputes in a number of areas of the law, including child custody cases and other family law matters.

Voluntary Child Custody Proceedings under the Indian Child Welfare Act

If there is a voluntary proceeding for foster care or adoptive placement of a child, who is of Native American descent, the Indian Child Welfare Act governs those proceedings. The Act permits the child's tribe to intervene in the voluntary proceedings and allows the tribe to transfer jurisdiction of the proceedings to the tribal court. Further, the Act requires strict procedures for consent to placement by the child's parents and includes the right to revoke the consent for any reason.

Effect Of Adoption on Non-Parent Visitation

When a child is adopted, he or she becomes a part of the new adoptive family. As a result, the child's ties to his or her old, natural or biological family are ended. If visitation rights had been granted to a nonparent, usually a grandparent, before the adoption, most courts would not permit continuation of the visitation. However, if the child is adopted by a stepparent, some courts would continue the visitation by the nonparent, if it is in the child's best interests.

Change of Residence in Child Custody

The change of residence of the person who has physical custody of a child does not automatically require a change of custody of the child or relitigation of the issue. The laws vary from state to state as to who has the burden of proving that the relocation will constitute a material change of circumstances affecting the child and whether the change is in the child's best interests.

Retroactive Child Support Awards

In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is discretionary.