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Interjurisdictional “Nightmare” Cases

Kelly Peiper & Barry Brooks PRESENT. Interjurisdictional “Nightmare” Cases. Tribal Issues. ICWA only applies to Child Custody issues, not support ICWA does not apply to domestic actions between parents UIFSA & FFCCSOA apply to Tribal modifications of State Orders. Subsequent Divorce.

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Interjurisdictional “Nightmare” Cases

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  1. Kelly Peiper & Barry Brooks PRESENT Interjurisdictional “Nightmare” Cases

  2. Tribal Issues • ICWA only applies to Child Custody issues, not support • ICWA does not apply to domestic actions between parents • UIFSA & FFCCSOA apply to Tribal modifications of State Orders

  3. Subsequent Divorce

  4. 2000 Dad Pay Mom $ 300 To 21

  5. 2010 DIVORCE Dad Pay Mom $ 200 To 18 2000 Dad Pay Mom $ 300 To 21

  6. Dad Pay Mom Protective Order

  7. Kid - Intro Kid SWAP SPLIT Relative Caretaker Foster Care

  8. Dad Pay Mom

  9. Dad Pay Mom

  10. Dad Pay Mom

  11. Dad Pay Mom

  12. Dad Pay Mom

  13. Dad Pay Mom

  14. P A A A A !

  15. P resumed A cknowledged A djudicated A dopted A rtificial

  16. Presumed • In the Context of Marriage • Before • During • After • Holding Out

  17. Acknowledged • Signed • Mother • Biological Father • Presumed Father • Filed

  18. Adjudicated • Court • Jurisdiction • Parties • Genetic Test

  19. Full Faith and Credit

  20. UIFSA Nonparentage Not A Defense

  21. The Interstate Child UCCJEA & UIFSA

  22. Origins FFCCSOA UIFSA UCCJEA PKPA

  23. Jurisdiction Subject Matter UCCJEA UIFSA ► Custody ► Visitation Support ► Child ► Spousal

  24. Jurisdiction Additional UIFSA UCCJEA ► “Status” ► Home State ► Significant Contacts ► Personal ► Long-Arm

  25. ONE ORDER UCCJEA UIFSA ECJ CEJ Exclusive Jurisdiction to MODIFY

  26. Child Custody Child Visitation Child Support Spousal Support Pet Custody Pet Visitation HDTV Modify It ALL

  27. Spousal Support Pet Custody Pet Visitation HDTV Child Support Child Custody and Visitation

  28. The End

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