Modifying a Child Custody Decree Originally Entered in Another State: The Supreme Court of Nebraska Child Custody Jurisdiction Act in Hamilton v. Foster
Loading...
Authors
Kulhavy, Lisa M.
Issue Date
2002
Volume
35
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The best interest of the child is the court system's paramount consideration in deciding over one million custody disputes each year. The best interest of the child test seeks to meet the child's interests in acquiring a protective and stable home and future for the child. Generally, parents have the responsibility of caring for and protecting their children. However, when parents ask the court to make a custody determination, the judge is allowed great discretion in granting custody under the best interest standard. The court's interest in the custody of a child does not end upon the custody determination. Custody disputes are devastating to children, and such disputes create even more problems when the contesting parties cross state lines. These additional problems appearing in multistate custody battles include parental child snatching, forum shopping, and repeated custody litigation. One other problem that arises with multistate custody disputes relates to personal jurisdiction. Because child custody orders are not deemed "final" judgments, they are subject to modification until the time the child reaches the age of maturity...
Description
Citation
35 Creighton L. Rev. 239 (2001-2002)
Publisher
Creighton University School of Law