Custody Enforcement through Sanctions

Where a person has been awarded the custody of a child and another person or agency has failed to return the child to that person, the person with legal custody can file a motion for contempt of court and request that some penalty or sanctions be imposed on the one who unlawfully failed to return the child.

Preference of Child in Custody Determinations

In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that wish depends on the age and maturity of the child and the circumstances under which the choice was made.

Child Support Modification for Changed Circumstances

Where there is a change in circumstances of the child or of either parent, a modification of the amount of child support may be requested and will be granted where appropriate.

Modification of Custody based on Parental Financial Resources

Both parents are required to contribute toward the support of a child. The amount of support is based on the income of the parents, with adjustments for certain other obligations such as day care or extraordinary health expenses. For the most part, courts do not consider modifying custody based solely on a parent's financial resources, but such resources may be a factor where a change in circumstances can be shown.

Change of Circumstances in Child Custody

Before a court will consider a motion to change custody of a child, the person seeking the change is required to allege and prove a change in circumstances affecting the child and that the change is necessary or that the benefits of changing custody would outweigh the disruptive effect of uprooting the child.