(864) 585-5100 Are you concerned about your child custody rights if your child is taken abroad by their other parent, or kept overseas without your permission? You could also have concerns about your own rights to take your children out of the country for a trip or any other reason. International custody disputes can be confusing and highly stressful for all involved.
When other countries handle custody differently from ours, it can be hard to defend your rights when you don’t know what steps to take. A Spartanburg international custody lawyer at KD Trial Lawyers could help if you have questions about these issues.
International custody disputes can happen in different ways. When one parent decides to move outside the United States, the parents will need to sort out how custody and visitation will be arranged. At other times, a parent may take a child out of the country without the other parent’s permission, necessitating a different type of dispute resolution. International custody laws assist courts in determining how to resolve these complex issues.
One essential international custody law is the Hague Convention on the Civil Aspects of International Child Abduction. This international treaty sets rules allowing children to be returned to their home countries if a parent takes the child abroad without permission. This way, the correct court with jurisdiction over the child can make a determination without the need for involvement by foreign courts. United States courts, including South Carolina courts, follow the Hague Convention whenever the case involves a partner country.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is another critical law that applies in cases of international custody disputes. Most states, including South Carolina, follow the UCCJEA. When more than one state or country becomes involved in a custody issue, the UCCJEA determines which court has legal authority to rule on custody. If a South Carolina court already has jurisdiction over a custody case, they would keep jurisdiction and hear the dispute in most situations involving another country. However, if there is no existing South Carolina case and another country has already initiated custody proceedings, a South Carolina court may not have the legal authority to intervene.
If a child faces danger and no other country or state is equipped to handle the issue, a South Carolina court may become involved; however, the process can be challenging and time-consuming. Even worse, if a parent files a custody action in the wrong location, they may encounter long delays and frustration. Concerned parents should not take up an international custody issue without consulting an experienced international custody attorney in Spartanburg to navigate the process.
A Spartanburg lawyer with a background in international custody issues will be able to review the facts of the case, examine any existing court orders, and determine which steps to take next. If documents need to be filed, it is absolutely critical to file them in the correct venue. International custody lawyers could intervene if custody rights have already been violated or protect their client if they fear potential issues with international travel.
It is frightening to think about issues that could arise when a child is taken overseas by the other parent. In other situations, you may wish to travel abroad with your children but need to know how to plan the trip correctly.
A Spartanburg international custody lawyer could review the facts and help you understand how to protect your child. Reach out today to schedule a consultation with a knowledgeable family law attorney at KD Trial Lawyers.