Child custody law in the United States is one of the most complicated sets of laws to understand. Globalization has led to intermarriages between citizens of different countries, which has further complicated the customary and child custody laws in different countries.
Often, parents from different backgrounds or country of origin face some hurdles in convincing the court on who should take care of their child or children when they are divorced. It is even more challenging to go through a child custody case in which the parents of a child come from different countries.
This article informs you of the hurdles of international child custody law. It will help you prepare and improve your chances of winning custody.
What you should know about international child custody law
You have the right to have a say in the direction your child custody case takes if you intend to keep your child close to you and prevent your spouse from relocating with him or her. Globalization is here to stay. Different countries are making changes to incorporate the aspect of cultural diversity. It is essential to hire a family lawyer who is conversant with the hurdles involved in child custody cases. Your family lawyer will represent you in the court and ensure the court respects your rights. Ensure your research widely to find the best family lawyer to improve your chances of winning the case and protecting your rights and that of your child.
Most parents commit international child abduction without knowing. If a child is taken to a different country with one of his or her parents without the consent of another parent, then they are said to be internationally abducted. In resolving international abduction cases, most attorneys rely heavily on the Hague Convention of 1980.
The Hague Convention affirms that an abducted child must be taken back to their home country. It allows the local courts to follow the local country’s laws in resolving the divorce and custody dispute between the child’s parents. Always ensure you consult a lawyer who is knowledgeable in international family law and The Hague Convention whenever your co-parent abducts your child to another country while you undergo a custody battle in court. It will protect your rights and that of your child.
Sometimes your co-parent can opt for an international relocation of your child. In that case, you are required by the court to prove beyond doubt that relocating the child will benefit him or her. Your international lawyer should help you to gather the evidence that you can avail in court to permit the child’s relocation.
Note that in the ruling, the court will consider factors such as the child’s opinion on relocating, which parent the child is closer to, the cultural practices in the relocating country, whether the relocating country is a member of The Hague Convention, and any hurdle the non-custodial parent may undergo when they want to visit the child.
Winning an international child custody case is such a challenging task. Every parent must convince the court by presenting substantial evidence to the court on why he or she should stay with the child. When filing for a divorce, it is essential to get a knowledgeable and reputable family lawyer to represent you in court. This way, you will avoid the hurdles in child custody cases mentioned here.