Crossing Borders/Custody and Visitation Rights

Parents from different countries or residing outside the United States are presented with the challenge of custody and visitation rights when the parties divorce. If one parent is from another country or lives outside the United States, logistic issues as well as legal issues can be complex, especially if one parent wants to take the child outside the United States to live.

One of the first things that must be decided is which country has jurisdiction over the divorce and custody issues. If both parents reside in New York, then New York has jurisdiction over the divorce and child and custody/visitation matters.  When the child resides outside the United States, then the laws are more complicated and require an International family law attorney who is familiar with the custody/visitation laws of that country and whether that country recognizes the Hague Convention International Laws.

Parents may be concerned about the safety and well-being of their children living in a foreign country or whether the other parent may try and abduct the child without the knowledge or consent of the custodial parent. Even if there are no safety issues, the parents also are faced with making sure that the child is able to maintain a relationship with both parents and get to know their family members on both sides of the family such as grandparents and aunts and uncles and cousins.

The courts when making decisions about child custody and visitation matters are always concerned with what is in the best interest of the child above all else. It is important that the parents maintain a line of communication so that the children get to spend time with both parents and are not alienated from the parent who may live outside of the United States. A New York international family law attorney can be helpful in advising the custodial parent about international laws and custody and visitation matters.