Child Support Enforcement Review Traditional Methods 1.Criminal prosecution (Const. limits? Oakley) 2.Contempt Civil Goal – future compliance with order Incarceration must have purging provision Civil b/p but probably right to counsel Criminal Goal – punish Incarceration w/out purging provision Const. protections – right to counsel, proof beyond a reasonable doubt

New Methods Automatic Wage Withholding License Revocation – Driver’s, Professional Income Tax Refund Intercept Interstate Enforcement Issues: In Personam Jurisdiction Subject Matter Jurisdiction

CHILD CUSTODY Part I March 18, 2003

Terminology Child Custody can be: Physical – right to physical care and control of child (shared residence) Legal – right to make important decisions about child (educational, medical, religious) Sole – when either or both types of custody are awarded to one parent Joint – when either or both types of custody are awarded to both parents

Historical Overview of Custody Law 18 th – mid-19 th 1830’s1970’s - century present Paternal MaternalBest Presumption PresumptionInterests Father entitled to all property Children = property Mothers presumed to be “natural” caretakers Best int = mother’s care Tender Years Presumption Gender neutral Multi-factor standard

A few states (and ALI principles) have moved to new terminology Primary Residential Parent rather than Custodial Parent Right to Access to Children rather than Right to Visitation with Children Parenting Plan rather than Custody and Visitation Order Decisionmaking Process As (or More) Important than Substantive Law – Mediation vs. Trial

Best Interests of Child Standard What factors should the court consider? Some factors more important than others? Some factors the court should not consider?

Best Interest Standard in MD Broad, multi-factor standard drawn primarily from case law 1.Fitness of parties 2.Character and reputation of parties 3.Preference of child 4. Material opportunities 5.Age and gender of children 6.Residence of parties/opportunities for visitation 7.Length of separation of parents

Only Statutory Factor: Evidence of abuse against the other parent, the party’s spouse, or any child residing in party’s household (§ )