Full Faith And Credit Services, Questions, Answers and News.

Doctrine under which a State or Tribe must honor an order or judgment entered in another State or Tribe and enforce it as if it were an order within its own territory, but may not modify the order unless properly petitioned to do so. This principle was specifically applied to child support orders in Federal law that took effect in 1994, under the Full Faith and Credit for Child Support Orders Act (FFCCSOA). Full Faith and Credit for Child Support Orders Act (FFCCSOA) requires States and federally funded Tribal child support enforcement agencies to enforce child support orders made by other States or Tribes if: the issuing State or Tribe’s tribunal had subject matter jurisdiction to hear and resolve the matter and enter an order; the issuing State or Tribe’s tribunal had personal jurisdiction over the parties; and reasonable notice and the opportunity to be heard was given to the parties. FFCCSOA also sets limits on State and Tribal authority to modify another State’s or Tribe’s child support orders in instances when: the State or Tribe seeking to modify the order has jurisdiction to do so and the tribunal that originally issued the order no longer has continuing, exclusive jurisdiction over the order either because the child and the parties to the case are no longer residents of the issuing State, or the parties to the case have filed written consent to transfer continuing exclusive jurisdiction to the tribunal seeking to make the modification.

Question: If my kid is in foster care can I still do an open adoption? They are starting the reunification process with both my sons... One is special needs and is in foster care and the other is in guardianship with his grandma. I don't think I can give my oldest... (foster care) The one on one attention that he needs. But I still want to be part of his life. Also if yes can I help choose his adoptive parents?

Answer: OMG! Ignore the cruel comments. Some PPL are idiots and have no idea what T.H. they're talking about. Walk a mile in (our) shoes before casting aspersions on others. Whew...had to get that off my chest. As the (single) mom of a special needs son, I understand your fears about being able to handle the challenges that come with a special needs child. There ARE support services available to help you care for your son. In my state, my son is eligible for various therapies and respite care (allows parents time out). Finding those support services should be a part of your reunification plan. Please consider finding all available resources before giving up on YOURSELF and your child. That said, because your parental rights have not been terminated, of course you can choose open adoption. You can try to find adoptive parents on your own, or with the help of our social services case worker. BE SURE you let the case worker know your desire to remain in contact! PLEASE PLEASE PLEASE contact me by e-mail. I support whatever decision you choose, ultimately. And I can provide you with more information, ideas, share my struggles and triumphs. There is another path... Best wishes, my friend! My heart is with you and so are my prayers.

Question: How does an Aunt obtain custody of Niece in Foster Care? What are the steps required in obtaining custody of our niece that is in foster care? Are there laws in place to support extended family members? Do extended family members have rights? We have been advised that our sister's baby has been taken away. We don't know the policy number or know exactly what our best approach would be when contacting Children's Aid and need some advice. The baby is 9mos old, and has been in the foster care system for at least 3-4mos. We are in Ontario, Canada.

Answer: They usually prefer giving custody to family members than keep kids in foster care if only because it is cheaper and because it helps freeing foster care places for other kids who have nobody. Just go to the child services of your country and simply ask politely where would you apply for custody. I don't think it will be much of a problem.

Question: If your in foster care can they make you go anywhere? My friend has just recently been put into foster care and was living with a family. Now he has to move with a different family, but they live in the next city over which is about 10 minutes away. Which means he would have to change schools. It's in the middle of his junior year of high school and he has been going to this school district all of his life. Is it allowed or why can't he change families without changing schools?

Answer: It is allowed, though they usually do try to keep a kid in the same area, unless it was a violent abuse case, or a very public ordeal. If they are short on viable candidates for him, then moving him there may have been their only option. But he can look into getting a waiver to still attend the same school. Depending on the state, and the school board, because he only has a year and a half left, they may allow him to continue at your school

Question: Why is it that whenever someone asks a question about monetary allowance for children in foster care? People always assume that they're doing it for the money, and decide to 'tell them off' for not thinking about loving the child? For heavens sake, yes, you absolutely should be doing it for love, and I'm fairly sure that the majority of foster parents, just like the majority of ANY parents, are doing it for love not money. But the fact is, it costs money to raise a child! Sometimes people are in a very hard financial position, and need to know if foster care would even be viable! Why are people so judgemental? Lol, just to clear up the confusion...it wasn't me who asked! I was just noticing a trend in the answers to questions about this topic, and I payed attention because I'm about to become a foster parent!

Answer: I know, I was a foster kid myself. I still talk to my foster mom, who was thinking about going back to fostering, and she has to add up can she afford to do it? I get ticked when people think so many bad things about others when they hear the words foster, whether foster kid or foster parent. If people could get rich doing it more would do it, and if those who do it got rich from it, would that be so bad? why does something have to keep you broke to be a good act?

Question: Can an abused child go to a friends home instead of foster care? If the friends parents are willing and able to care for an abused child can the abused child avoid foster care?

Answer: The Social Services case worker will try hard to keep the child in the family - transferring the child to a grandparent, for example. If a family friend offers their home, that will also be considered, but they would have to pass a background check. The main concern is the "best interests of the child" - what will be least traumatic for the child, both now and down the road? This is still considered foster care, since the new guardian is "fostering" the child. For example, the friend's family might be ideal, since the child is already familiar with the family, but in some cases it might be bad, if someone in that family is abusive or dangerous, or if the child's parent takes out their frustration on the fostering parent and the child is forced to choose sides.

Question: Can you put you cats in foster care if you need to go into a temporary emergency situation relocating? And definitely be able to get them back? I don't want to lose my cats but there is no way I can bring them with me and I want them to be safe. There is no family I can give them to. I adopted them declawed and they have litter box aversion. I am the ONLY one who will tolerate their behavior and monitor them to make sure they are going where they need to. If the wrong person gets them, I'm sure they'll be euthanized. Is there temporary foster care until I can get to a permanent location?

Answer: I suggest you contact a cat rescue group in your area who might be able to offer yours foster homes. One of my rescues is declawed and I understand your situation.My other five use litter boxes so I have put pee pads and newspapers around the area for Bella. Another source is to contact your vet who might suggest a short term solution.

Question: Can a biological mother get her kids back from foster care? I have 2 kids that just went into foster care I was wondering if there was possiability of getting them back. I have started to resolve the reason why they went into foster care.

Answer: You abandoned them, I think you have to consider whether they would want you back.

Question: In relation to federalism, to what does "full faith and credit" refer?

Answer: Depends on whose definition you're using. Federalism has two different meanings. But perhaps in the context of your question, "full faith and credit" refers to the US Federal government's authority to borrow money. The Fed can borrow on the "full faith and credit" of the US government.

Question: full faith and credit clause? Is there anything like the full faith and credit clause of the constitution that applies to enforceability of foreign divorce decrees in the United States? If so, please state the code preferred if found in the Texas Family Code or Texas Rules of Civil Procedure.

Answer: Foreign divorce decrees have no enforceability in the US. The divorce ITSELF could have effect, but any financial or other arrangements could not be enforced in the US.

Question: Full faith and credit shall be givin to each state to the public acts, records, and judical proceeding ? what does this mean????????

Answer: It means that if you sue someone in Maine and get a judgment against them, you can collect the money even if they move to Wisconsin. In theory, this means that if you get married in New York, your marriage will be valid in Alabama. However, most states will not honor out-of-state same sex unions.

Question: What difficulties might result if each state were not required to give full faith and credit to the public...? acts, records, and judicial procedings of other states?

Answer: Then a legal agreement signed in one state (say you agree you sell your house for a set amount,) would not be legally binding in another state (so the buyer might find a way to make you accept less money.) This is why the early (John) Marshall (Supreme) Court decided in two famous cases: 1) Fletcher vrs. Peck http://en.wikipedia.org/wiki/Fletcher_v._Peck 2) Dartmouth vrs. Woodward http://en.wikipedia.org/wiki/Dartmouth_College_v._Woodward Up held the contract clause of the constitution. I hope this helps

Question: With Barack Hussein 0bama at the helm do you trust "the full faith and credit of the United States of America"?

Answer: No sir thats one of the reasons I invested in Gold, many years before Gordon Liddy began to sell it. Congress bears most of the blame on this one, and 0bama was a tax and earmark junior senator, now that he is at the helm we have become an economic sinking ship.

Question: What does the term 'good faith and credit' in Gold Standard mean? What does the term 'good faith and credit' in Gold Standard mean? Is it similar to 'full faith and credit'?

Answer: full faith and credit n. the provision in Article IV, Section 1 of the U. S. Constitution which states: "Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other state." Thus, a judgment in a lawsuit or a criminal conviction rendered in one state shall be recognized and enforced in any other state, so long as the original judgment was reached by due process of law. Each state has a process for obtaining an enforceable judgment based on a "foreign" (out-of-state) judgment. Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved. The gold standard means currency is backed by gold held in reserve someplace (Fort Knox). In theory, you could exchange a dollar bill for a certain amount of gold. That system worked in medieval times but no longer.

Question: Why doesn't the defense of marriage act violate the full faith and credit clause in the constitution.? Please..i'm not looking for a defense of gay marriage or any gay bashing..I just wanna know the legal argument behind this.

Answer: I'm a Lawyer. In states where I am licensed, I can practice and earn a living as an Attorney. If I do so in states where I am not licensed, I have a problem. Other states do not have to honor my license (and other professions are in the same boat), as it is a license to practice only within the state that grants it. This is so regardless of whether I can otherwise meet the criteria of licensure, the fact is that I am not licensed elsewhere, and cannot act as if I am. The Full Faith and Credit Clause refers to the acts of States. A license given by a state to do something within that state does not fall into the category as "an act of the state". It's PERMISSION to the grantee to act, which is very different. Even your license to drive in State A, which will be honored in every other state, will NOT be valid a set time (30 days, usually) after you move to another state. What Full Faith and Credit is about is mostly court decisions or decrees, and not even all of those are fully protected. If a Plaintiff gets a judgement from a Defendant, another state is bound to enforce it if correctly demanded under the appropriate rules of procedure. However, if the whole trial underlying the judgement was done without proper jurisdiction, the Defendant can demand that the Plaintiff's judgement NOT be honored, and force the Plaintiff to sue him again in the state where he is now. Criminal Defendants are generally extradited to a state where they are charged or already sentenced, but Full Faith and Credit isn't a slam-dunk. If a person is awaiting trial in New Mexico for Murder, he's unlikely to be extradited to Ohio for Jaywalking. Honoring marriage isn't even as absolute as people assume. If a person legally marries a person aged 17 in a state where the age of consent is 16, and goes on a honeymoon in a state where the age of consent is 18, they CAN be tried for statutory rape. Similarly, states do not have to honor marriages that are otherwise illegal in their own state for some other reason like being too closely related. DOMA is not only Constitutional, it's actually redundant.

Question: how did article iv's full faith and credit and article vi's supremacy clause attempt to address the problems t

Answer: "Article IV, section 1, of the Constitution provides that "Full Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State; And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." This provision was designed to unify the nation by binding together its several states. Dispute exists as to whether, as an original matter, the clause was intended to provide merely that public records, including judgments, could be admitted into evidence in other states, or whether it was intended to give such records conclusive legal effect in other states. The Constitutional Convention did not resolve this issue. Congress soon clarified matters by legislation, however. In 1790, it enacted a statute providing for the manner in which acts of legislatures and records of judicial proceedings of the states would be authenticated. In addition, Congress provided that "the said records and judicial proceedings shall have such faith and credit given to them in every court of the United States, as they have by law or usage in the courts of the State from whence the said records are or shall be taken." In 1804, Congress enacted another statute requiring that full faith and credit be given to the records and judicial proceedings of the territories of the United States. The Supreme Court held in Mills v. Duryee (1813) and Hampton v. McConnell (1818) that a judgment rendered in one state or territory generally has conclusive effect in other states or territories. The court in the original state must have had jurisdiction, and the requirements of due process must have been satisfied. Also, the original judgment must have been on the merits and it must have been final. When there have been inconsistent judgments in other states, the last‐in‐time rule provides that the latest judgment gets full faith and credit. The constitutional provision does not specifically address the recognition of state court judgments in federal courts or federal court judgments in state courts. But the Supreme Court held in Stoll v. Gottlieb (1938) and St. John v. Wisconsin Employment Relations Board (1951) that federal courts must grant full faith and credit to state court judgments, and vice versa. Courts distinguish between the recognition of judgments under the Full Faith and Credit Clause and the enforcement of judgments. The method of enforcing a judgment must be determined under the law of the state where enforcement is sought. Moreover, the Full Faith and Credit Clause does not apply to the judgments of foreign countries, which are governed by principles of comity (Hilton v. Guyot, 1895). The clause speaks not only of judgments and records, but also public acts, or statutes. The 1790 act however, spoke only of judgments and records, presumably because it would be difficult to establish general principles about when one state should be compelled to apply another's law. In 1948, Congress revised Title 28 of the United States Code, which contains the full faith and credit legislation, requiring that full faith and credit be given not only to records and judgments but also to acts. The exact scope of this provision remains in doubt, as courts have not construed it definitively. "

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