Interstate & International Child Custody
Attorneys Experienced In International Custody Cases
International Child Custody
International and interstate custody matters present difficult legal issues, often compounded by the involvement of a second court, perhaps with different laws. From the beginning, such cases are extremely challenging for the families involved. These families must deal with severe emotional distress or shock while their lawyers address legally complex issues.
Such cases may involve many different situations, including:
- The removal of a child by one parent from the other
- Retention of the child in another state or a foreign jurisdiction after a vacation
- A parent's wish to relocate to another city, state or country
- A parent's desire to stop the relocation of the child's residence
- Enforcement of child custody orders between jurisdictions
It is important to identify the distinct legal issues promptly, as timing is often crucial. Planning is also critical in many of these cases, and it is important to seek legal counsel, if possible, before there is any disturbance to current living arrangements.
For many of the cases that fall within this category, it is important to work with an attorney — even if for a limited scope — who knows the law and procedure applicable to your case, has experience with legal agencies and law enforcement sometimes involved in these cases, has worked with foreign counsel, and who can and will act promptly in your matter. At Golsan Ziff & Ziff, we have the experience necessary to effectively handle international child custody cases, and we have a record of success for families involved.
Move-Away Or Relocation Cases
Today's world is truly global. More and more people are moving nationally and internationally. Many marry spouses with strong ties to another state or country. When these couples choose to separate, spouses often wish to relocate back to their home states or countries. This can become especially complicated when there are children involved. Often, when one parent chooses to relocate, the other parent objects because the move takes the child out of one parent's frequent care or other care important to the child.
Whether you want your child to stay here or whether you want to move with your child to a more distant location, it is important to get legal advice as soon as possible. There is a large body of law applicable to these cases, but they also involve a great deal of discretion on the part of the judge and are subject to changing legal precedents. They may involve child interviews or evaluations.
You need to learn early about what you can do to increase your chances of success and protect your child's relationships whether in mediation or through litigation.
Issues of interstate custody arise when more than one state or country has involvement or potential involvement in making child custody orders. There is a complex set of jurisdictional laws that is more or less uniform throughout the United States that governs which state has the power (jurisdiction) to make and change custody orders and under what circumstances. This body of law also applies to international cases and can be very useful for enforcing foreign custody orders.
If you are considering or have agreed to let your child travel with the other parent out of the state or country, even if no legal proceeding is pending, creating a written agreement showing exactly what the future expectations are for the return of the child or for the new residence of the child is a good idea. If this is done before the child leaves California, it can save you a great deal of future suffering and expense.
As with other legal matters, it is important to seek legal counsel early and to choose an attorney who understands and can explain to you the possible legal implications of your decisions, help you avoid some common pitfalls implicit in this area and who, if necessary, has the experience and can quickly marshal the legal and strategic tools necessary to protect your relationship with your child and your rights.
We Welcome Your Questions Regarding International Custody
Contact us by calling 310-342-2818 to schedule a confidential consultation with a family law attorney at our west LA law firm. Evening and weekend appointments are available by special arrangement. Our offices are conveniently located in Culver City, off the 405. Free parking.