280 likes | 381 Views
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.
E N D
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
2000 Dad Pay Mom $ 300 To 21
2010 DIVORCE Dad Pay Mom $ 200 To 18 2000 Dad Pay Mom $ 300 To 21
Dad Pay Mom Protective Order
Kid - Intro Kid SWAP SPLIT Relative Caretaker Foster Care
Dad Pay Mom
Dad Pay Mom
Dad Pay Mom
Dad Pay Mom
Dad Pay Mom
Dad Pay Mom
P resumed A cknowledged A djudicated A dopted A rtificial
Presumed • In the Context of Marriage • Before • During • After • Holding Out
Acknowledged • Signed • Mother • Biological Father • Presumed Father • Filed
Adjudicated • Court • Jurisdiction • Parties • Genetic Test
Full Faith and Credit
UIFSA Nonparentage Not A Defense
The Interstate Child UCCJEA & UIFSA
Origins FFCCSOA UIFSA UCCJEA PKPA
Jurisdiction Subject Matter UCCJEA UIFSA ► Custody ► Visitation Support ► Child ► Spousal
Jurisdiction Additional UIFSA UCCJEA ► “Status” ► Home State ► Significant Contacts ► Personal ► Long-Arm
ONE ORDER UCCJEA UIFSA ECJ CEJ Exclusive Jurisdiction to MODIFY
Child Custody Child Visitation Child Support Spousal Support Pet Custody Pet Visitation HDTV Modify It ALL
Spousal Support Pet Custody Pet Visitation HDTV Child Support Child Custody and Visitation