When two parents live in separate countries, child custody may progress through various rules and guidelines that are vastly different than in the United States depending on the court system of the nation. The possibility of a complication in this procedure increases significantly if the child has a physical home away from the country.
The Disagreement of Child Custody
There are several situations where a disagreement in child custody could lead to further complications later when the two parents are no longer in the same country. Some of these custody arrangements can lead to the foreign parent abducting the youth and attempting to gain custody through a different legal system not part of the conventions that prevent this action. The complications that arise through these disagreements can also limit what can happen and how both parents proceed through a parenting plan in different nations. Passing a child back and forth in this type of situations is significantly more complex than
the standard with different states.
The Move and the Divorce
If the two parents want to end a marriage in the United States where one is a foreign national, the other person may move away from the country to return home. When this happens, the courts will consider the best interests of the child and consider if the other country is better for the youth rather than the United States. This usually depends on numerous factors to include if the country is at war or if the parent will move to a lower income area. If there are additional family members in the new location, this could support the international move after the divorce process.
Physical Violence in the Household
If there is any evidence that one of the parents is physically violent in the house or direct aggression onto the child, the judge will usually consider this and award custody to the peaceful parent. While it may become important to keep the youth in the United States, the judge may need to rethink this if the American parent is the violent person and can negatively affect the young person. Custody may shift to the foreign national if he or she can provide a more peaceful home free of violence or aggression. Love and nurturing are more important than keeping the child in the country.
Neglect with the Foreign Parent
Another aspect is that of neglect and is usually visible through certain signs. No matter which parent appears to neglect the child, the custody can shift to the other parent if he or she can ensure the well-being of the youth. The judge will review the facts and need to speak with the young person to see if he or she will tell the court authority who is engaging in neglect. This is important so that he or she can determine if the foreign country is the better option. The judge will still consider the factors of that nation as well to include the income level of the country and possible negative aspects such as war or aggression towards
United States citizens.
Multiple Laws
When considering if a child should move to another country, it is important to consider that there are numerous laws in place that can affect these situations. Some parents will need to contact a lawyer in the country of origin or where he or she moves to determine if custody and moving there with a foreign youth is possible. If there exists no international treaty in that nation with the United States, this process can become further complicated. If there is an agreement between the parents to accomplish this type of move, it is important to at least consult with a legal professional to understand any issues that may arise.
Relocation Regulations
Some states or countries have regulations about relocating from one area to another. These can include laws that require the person to inform the courts in the state or nation about the relocation. It often does not matter if this type of move is necessary for custody of children or other matters such as acquiring a new job. This is often necessary for certain states or foreign countries when obtaining custody of a youth.
Legal Support for Custody with Different Countries
The parents involved in custody with multiple countries will need a lawyer that understands the laws of the foreign nation to help with the case and explain to the judge the relevant factors of the case involving custody arrangements.
Source: HG.org
