Guide · Family Law

Child Custody and Support: A Comprehensive Guide to Parenting Plans, Guidelines, Modification, and Enforcement

28 U.S.C. § 1738

Type
Guide
Jurisdiction
National
Date
2023-11-27
Topic
Family Law

A complete practitioner's treatment of custody and child support for family law counsel. Part I sets the terminology and the constitutional framework. Part II covers jurisdiction under the UCCJEA and the PKPA and the Hague Abduction Convention, which must be resolved before anything else. Part III covers parentage under the Uniform Parentage Act including presumed and acknowledged and de facto parents. Parts IV through VII work the custody determination: the best interests factors and which of them actually move judges, the presumptions including joint custody and domestic violence presumptions, the parenting plan whose specificity predicts future litigation better than any other variable, and the evidentiary machinery of guardians ad litem and custody evaluations and the child's preference. Part VIII covers relocation, where every outcome imposes a substantial cost. Part IX covers third-party custody and visitation after Troxel. Parts X through XII work child support: the three guideline models, income determination and imputation, and deviations and duration and special expenses. Parts XIII through XVI cover modification, the enforcement apparatus that operates largely without a courtroom, interstate support under UIFSA, and the tax and bankruptcy treatment. Part XVII covers special situations and Part XVIII is the verification list.

Child Custody and Support: A Comprehensive Guide to Parenting Plans, Guidelines, Modification, and Enforcement

Family Law > Custody and Support | Published 27 November 2023 - Updated 21 May 2026 | UpLaw - uplaw.us

In brief. Custody is governed by a standard that contains no rule, applied by a judge to a record of two contradictory accounts. Support is governed by a formula that produces a number, applied to income that is frequently contested. The practical consequence is that custody should be settled and support should be calculated correctly the first time — because custody outcomes are unpredictable and support arrears cannot be retroactively modified.

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