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Generally speaking, a parent is not authorized to move with a child to another state or foreign country without first receiving written consent from the other parent. At a minimum, the legal custodial parent must give advance notice to the noncustodial parent of the custodial parent’s desire to move with the child and ask whether the noncustodial parent has an objection to the proposed move. If there is an objection, the parents need to attempt to resolve the issue either between themselves or with the assistance of a mediator or attorneys before any move takes place. Our experienced lawyers are able to help you understand the legal implications of moving to another state or foreign country with your child and will help to create a strategy for securing a long-distance move.
It is a treaty between various countries which seeks to protect children from the harmful effects of abduction from one country to another country and which establishes a legal remedy which a left-behind parent may pursue to secure the return of a child who is wrongfully removed to or retained in another country where the treaty is also in force.
If your case involves interstate or international child custody issues, it is very important to seek legal advice and representation from a lawyer who has experience handling such a case as these cases are extremely complicated. Our experienced lawyers will guide you through each issue which is presented and make sure your rights are fully protected.
If there is a dispute about jurisdiction, that dispute will need to be resolved before other issues in the case can move forward. Jurisdiction issues are often complicated and may require the involvement of a lawyer from the other state or country. Our experienced lawyers will be able to identify and work with a well-qualified lawyer in another state or country if that is needed in order to resolve the disputed issues regarding child custody jurisdiction.