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Interjurisdictional “Nightmare” Cases - PowerPoint PPT Presentation


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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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Presentation Transcript

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 - 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
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



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