Most of us dream of settling down and having children one day. There are even scientific reasons behind the surge of happiness you feel when you hold your baby. Unfortunately, there may come a time when you and your spouse separate and face a child custody battle. While this process is difficult enough on its own, it becomes even more complex when dealing with international child custody laws.
We’ve developed a brief guide full of tips on how to navigate custody law in international cases. Let’s explore the most important information to keep in mind.
Understand the Hague Convention
The Hague Convention is an international agreement designed to safeguard child custody across different countries. This treaty ensures that custody law jurisdiction remains in the country where the child habitually resides.
In many US-based cases, attorneys use the Hague Convention to return children to the United States for proper hearings, which can help you obtain child custody. This treaty is particularly helpful in cases of unlawful relocation of children to another country. For instance, if your former spouse takes your child to their home country without your consent, the Hague Convention may be crucial in resolving the situation.
Other Countries May Dispute U.S. Orders
One of the challenges in international child custody cases is that foreign courts may not always respect U.S. court orders. This can prolong the process of resolving child custody disputes. In such cases, it is often necessary to work with attorneys in both countries to navigate the legal landscape.
An international attorney can help you comply with foreign custody laws while also leveraging the Hague Convention to your advantage.
Act Quickly
In international child custody cases, acting swiftly is crucial. The sooner you hire an attorney, the more likely you are to achieve a favorable outcome. Delaying action can result in losing critical legal advantages, so it’s essential not to hesitate when you realize it’s time to fight for child custody.
Keep Your Children in the Desired Country
You stand a better chance of securing child custody if your children remain in the country where you want them to live. However, this isn’t always possible, especially if your children split their time between multiple countries. It’s essential to do everything in your power to keep your children in the preferred country when pursuing international child custody.
Contact a U.S. Embassy
In some cases, reaching out to a U.S. embassy can help guide you through the international child custody process. Embassy representatives may refer you to an attorney or provide insight into handling your particular situation, especially if your former spouse refuses to cooperate from abroad.
Compare Custody Laws Between Countries
It’s essential to compare the custody laws of the countries involved in your case. Some countries may have laws that favor your position, especially if your child holds dual citizenship. By comparing custody laws, your attorney can help you determine the best legal strategies for your situation.
Work With the Right Lawyer
Hiring the right attorney is essential in securing a favorable outcome in international child custody cases. Here are some factors to keep in mind:
Research:
Look into potential attorneys’ track records by reading client reviews. Find out if they’ve successfully handled similar custody law cases.
Experience:
Ensure the attorney has extensive experience in child custody and international child custody cases. Their familiarity with the nuances of these cases will increase your chances of success.
Budget:
Price is a factor, but the cheapest or most expensive option isn’t always the best. Aim for a lawyer who offers a balance between quality service and affordability.
Communication:
Make sure the attorney is responsive and keeps you informed. Good communication is vital for navigating the complexities of custody law.
Understand International Child Custody
The information in this guide will help you understand international child custody and make the best decisions for your situation. Avoid common pitfalls by working with a reputable attorney who specializes in child custody and custody law cases.
At Boyer Law Firm, we take pride in understanding our clients’ needs and providing outstanding service. Schedule a consultation today to learn more about how we can assist you with your international child custody case.
