Dallas Interstate And International Child Custody Attorney
Steady immigration and the increased number of U.S. citizens working overseas have resulted in a proliferation of marriages — and subsequent divorces — involving foreign-born spouses. Determining custody and visitation rights in cases involving non-citizen spouses living outside of the United States can be complicated.
It is also common for parents to live and work in different states. If there is a divorce, the situation can become extremely complex.
All states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA), a law that determines which state can make custody decisions. For international cases, there is a body of international law, including the Hague Convention and various country-specific treaties, that governs aspects of international child custody cases.
Asserting and defending parental rights requires an attorney experienced in interstate or international family law. At the law office of Lisa E. McKnight, P.C., in Dallas, Texas, we work with law enforcement officials, local courts, embassies and the State Department in cases involving interstate and international child custody disputes.
We also reach out to local and national media in these cases. Our experience has shown that heightening awareness of a case through media coverage often produces a more forceful response from authorities and leads to a quicker resolution.
Assisting In Parental Kidnapping Cases Involving Mexico And Other Countries
How custody is awarded or viewed also can be affected by country-specific laws, as well as where a divorce was granted. In cases where no treaty exists or divorce laws are radically different, obtaining child custody may require the involvement of the State Department and the local U.S. embassy.
If an ex-spouse unlawfully returns to his or her home country with your children, it may be necessary to issue a federal Unlawful Flight to Avoid Prosecution (UFAP) warrant. If a foreign-born parent has a U.S. passport, there may be ways to block travel or entry into that person’s home country.
Jurisdiction is a major issue in both interstate and international child custody disputes. The home state is considered to be where the child has lived for the past six months — or, if there is an existing order in place, where the existing child custody order came from. Determining jurisdiction is a fact-intensive process.
We Can Answer Your Questions And Recommend The Best Course Of Action
Whether you are facing an international divorce or are currently trying to exert your parental rights with an individual who lives in another state, we have the experience and resources to help you. Call 214-528-4191, or email us to schedule a consultation with an experienced interstate and international child custody lawyer.