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Foreign courts rule on child custody in Texas mother’s favor, father challenges

On Behalf of | Oct 13, 2011 | Firm News

We have written about international child custody disputes before and many of the posts have addressed international child custody disputes involving members of the U.S. military and parental child abductions. One Texas mother who lives in San Antonio has been battling a child custody dispute with her child’s father who has dual citizenship in Mexico and France. Both parents are civilians and the case involves parental child abduction.

Two years ago the then 10-year-old son of the San Antonio, Texas mother was taken from a school bus and given to the boy’s father. The father disobeyed child custody orders, abducted his own child and took the boy with him to France. Last year the mother and son were reunited but the court case for the boy’s custody plays on.

Since 2005, a child custody dispute has been ongoing between the two parents. During the ten-month search for the father and boy, a district court in Texas ruled in favor of the mother last August based on a Mexican court’s decision. The Texas court allowed the court hearing to occur without the presence of the father or his lawyers. During that same month, a French court ordered the father to hand over the boy to the mother after authorities found the father and son in the French Riviera.

Last week, attorneys in the United States working for the father challenged the ruling of the district court in Texas. The father’s attorneys claimed that the father did not have proper notice of the previous hearing.

The attorney who represents the mother says notice was properly given and under the applicable law notice was properly served to the father’s attorney since the father was in hiding.

Source: mysanantonio.com, “International custody dispute still raging,” Craig Kapitan, Oct. 6, 2011