| Requirements of the Indian Child Welfare Act |
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| The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA applies to foster care placements, terminations of parental rights, and adoption and pre-adoption placements. When the ICWA applies to a proceeding, a state court must comply with the requirements of the act.
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| Out of State Move by Custodial Parent |
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| In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful.
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| The Child Witness |
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| It is very difficult for children to be witnesses in a trial. In order to determine if a child should testify in a trial, the attorney should consider numerous factors.
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| Divorce and Wiretapping and other Interceptions of a Spouse's Electronic Communications |
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| Divorce is a difficult time for both parties involved. States have different types of divorce and different requirements associated therewith. Some states have no-fault divorces and others have fault-based divorces. If the parties reside in a fault-based divorce state, information such as whether the opposing party was unfaithful, abused his wife, or engaged in other improper or illegal conduct may be admissible. More... |
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| Child Neglect |
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| Every child has the right to expect that their parent or primary responsible caregiver will reasonably and prudently provide clothing, food, medical care, protection, shelter, and supervision. When a parent or primary responsible caregiver fails to provide the essential things to a child, a child may be neglected. Child neglect is more common and sometimes more devastating than child abuse. Often times child neglect and abuse are referred to in the same type of context. More... |
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