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Interjurisdictional “Nightmare” Cases

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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
slide1

Kelly Peiper

&

Barry Brooks

PRESENT

Interjurisdictional

“Nightmare”

Cases

slide2

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
slide4

2000

Dad

Pay

Mom

$ 300

To 21

slide5

2010

DIVORCE

Dad

Pay

Mom

$ 200

To 18

2000

Dad

Pay

Mom

$ 300

To 21

slide6

Dad

Pay

Mom

Protective

Order

kid intro
Kid - Intro

Kid

SWAP

SPLIT

Relative Caretaker

Foster Care

slide8

Dad

Pay

Mom

slide9

Dad

Pay

Mom

slide10

Dad

Pay

Mom

slide11

Dad

Pay

Mom

slide12

Dad

Pay

Mom

slide13

Dad

Pay

Mom

slide15

P

resumed

A

cknowledged

A

djudicated

A

dopted

A

rtificial

slide16

Presumed

  • In the Context of Marriage
  • Before
  • During
  • After
  • Holding Out
slide17

Acknowledged

  • Signed
  • Mother
  • Biological Father
  • Presumed Father
  • Filed
slide18

Adjudicated

  • Court
  • Jurisdiction
  • Parties
  • Genetic Test
slide19

Full

Faith

and

Credit

slide20

UIFSA

Nonparentage

Not A

Defense

slide21

The Interstate Child

UCCJEA & UIFSA

slide22

Origins

FFCCSOA

UIFSA

UCCJEA

PKPA

slide23

Jurisdiction

Subject Matter

UCCJEA

UIFSA

► Custody

► Visitation

Support

► Child

► Spousal

slide24

Jurisdiction

Additional

UIFSA

UCCJEA

► “Status”

► Home State

► Significant

Contacts

► Personal

► Long-Arm

one order
ONE ORDER

UCCJEA

UIFSA

ECJ

CEJ

Exclusive Jurisdiction to MODIFY

slide26

Child Custody

Child Visitation

Child Support

Spousal Support

Pet Custody

Pet Visitation

HDTV

Modify

It

ALL

slide27

Spousal Support

Pet Custody

Pet Visitation

HDTV

Child Support

Child Custody and Visitation

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