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Emergency Jurisdiction Issues in Child Custody Proceedings

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), a court may exercise jurisdiction when it is necessary to protect a child, the child's parent, or the child's sibling.

Possessory Conservatorship in Custody Awards

There are times when a court finds it necessary to appoint someone to be responsible for a minor child. In Texas, that means the appointment of a "managing conservator." When a managing conservator is appointed, the court may appoint a "possessory conservator," which is an order setting the times and conditions for possession of or access to the child.

Temporary Child Support Awards

Many states provide for temporary awards of child support, pending a full evidentiary hearing after the parties have had a chance to obtain necessary information to establish the income of each parent and expenses of the child or children. Temporary support may be ordered in some situations before there is a paternity adjudication.

Uniform Reciprocal Enforcement of Support Act

Problems arise where a parent and a child do not reside in the same state. To deal with jurisdictional problems in establishing and enforcing child support obligations, the federal government enacted the Uniform Reciprocal Enforcement of Support Act in the 1950s. Although it has been mostly replaced by the Uniform Interstate Family Support Act, enacted in 1998, URESA still applies in some situations.

Types of Discovery Applicable in Child Custody Proceedings

Discovery is the process during the course of a legal action by which the parties to a lawsuit obtain information about the situation underlying the litigation and the factual and legal underpinnings of the other party's case. Rules of civil procedure in the courts of various jurisdictions regulate the discovery process in civil cases. Discovery procedures can be made use of in child custody proceedings arising out of a divorce between parties with a minor child or children as well as in other types of legal actions.