International Child Visitation Issues
Though it might not be the most common situation, there are families who have parents living outside of the United States. These situations create a certain challenge with the issue of custody and visitation. Not only are there the practical issues involved in visitation between one country and another, but there are complex legal issues as well. This is especially true if one parent is seeking to take the child outside of the United States.
Determining Jurisdiction over the Legal Issues
The first issue that arises in these situations is which country has jurisdiction over the divorce, custody and litigation issues. When both parents live in Alabama, for instance, then there is no dispute that Alabama courts have jurisdiction over these legal matters. However, if the child lives outside the United States, the laws that govern visitation are more complicated. In those case, you need an attorney with international family law knowledge and experience; particularly, knowledge of the Hague Convention International Laws.
What is the Hague Convention?
The primary purpose of the Hague Convention is address international child abduction issues. The Convention is meant to preserve the child custody arrangement that existed before any alleged wrongful removal or retention occurred. The Convention applies only to children under the age of 16.
What is in the Best Interests of the Child?
Whenever the courts make decisions regarding child visitation matters, the concern is always what is in the best interests of the child. This is the primary concern above all else. Though the task may be more difficult when international visitation is involved, it is still critical that parents keep the lines of communication open so that the child can spend time with both parents. The worst case scenario is that a child becomes alienated from the parent who lives outside of the United States.
If you have questions regarding child visitation, or any other divorce issues, contact attorney Brad J. Latta online, or by calling (205) 401-1309.