Right of Putative Father to have his Child Bear his Surname

In some instances, a putative father who gains custody or visitation of his child may want the child's surname changed from that of the mother's to his own. Neither parent has a paramount right over the other to assign to the child a particular surname, even in those jurisdictions that statutorily mandate the child's surname initially is to be that of the mother.

Medical Support for Children

In most states, child support guidelines require that the cost of health insurance and extraordinary medical expenses of the child be included in establishing each parent's child support obligation.

Out of State Move by Custodial Parent

In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful.

Parental Kidnapping Prevention Act

In 1980 Congress enacted the Parental Kidnapping Prevention Act (PKPA) to close existing gaps and bring greater uniformity to interstate child-custody practice. The PKPA requires state courts to enforce and not modify custody and visitation determinations made by sister states unless the original state either no longer has jurisdiction or declined to exercise jurisdiction.

Legal Malpractice and Divorce

In divorce actions legal malpractice may occur. If a client suspects that her attorney is liable for malpractice, she may file a civil malpractice action against the attorney or may file a complaint with the State Bar Association.