International & Interstate Child Custody

When a child is wrongfully held in a foreign country, the Hague Convention on the Civil Aspects of International Child Abduction may apply. If the country in question is a signatory to that agreement, then its legal system will assist you, with the help and coordination of the U.S. State Department. Their intervention may assist in securing return of your child to the United States. Be certain to have all possible documentation and evidence related to the child's status and consult with a lawyer who has experience with cases involving international custody issues.

There are also cases when a parent is of foreign national heritage and concerns  arise that a child will be taken to that parent’s country of origin. The Uniform Child Abduction Prevention Act (UCAPA) may apply and serve as a tool to prevent such an international abduction from occurring. Speak with an attorney versed in international custody law to identify whether this law will work as a safeguard for you and your child or children.

When divorced or seperated parents and children move across state lines within the United States, they’ll soon find each state has its own specific rules and laws regarding families. Many states adopt uniform acts, but there are also federal laws which serve to minimize the effect of the differences in family law between the states. Specifically, federal statutes regarding custody apply, but complications can arise when navigating different state laws.

Additionally, moving across state lines or abroad can impact your estate plan, particularly the rules that apply upon incapacity or death. Gevurtz Menashe family law and estate planning attorneys can help you better understand the process and navigate state and federal laws to work towards a favorable solution for your family.