May 2015 - Triangle Divorce Lawyers

Monthly Archives: May 2015

The problems of international child abductions

Child custody and visitation disputes are often a major concern of North Carolina parents when they go through a divorce. While most of these issues are resolved, some parents take the extreme action of taken the child to another country in violation of a court order. According to the U.S. State Department, more than 8,000 children were internationally abducted by a parent between 2008 and 2013. Some of these cases have received significant publicity and have ended up in U.S. courts, while many others are still being attempted to be resolved

In order to address this issue, the United States and 92 other countries are signatories to an international treaty that covers how countries should handle these matters. However, extradition laws and international legal complexities make things challenging. In many cases, it is difficult to know which country is now harboring the child and parent. Additionally, even when the whereabouts are known, the costs to a custodial parent of traveling to another country to pursue legal proceedings can be prohibited.

A New Jersey congressman has championed this cause in recent years, in part as a result of children of constituents being abducted to a foreign country. Legislation that he introduced and that has become law requires the U.S. State Department to take certain actions against countries who are not cooperating with U.S. authorities in violation of the treaty.

Custody battles are difficult at best to all parties involved, including the child. When a court issues a custody order as part of divorce proceedings, the best interests of the child are paramount in its decision. A custodial parent who is having difficulty in seeing such an order complied with by the noncustodial parent may want to seek the advice and counsel of a family law attorney.

Child custody for grandparents and other loved ones

Retaining custody of a child is not always an exclusive privilege of a parent. North Carolina grandparents, extended family members, or others who have a relationship with a child who is not biologically or legally theirs may be eligible for seeking custody of the child. Under certain circumstances, and if the individual can prove that they could provide better care for the child, custody may be issued to a party other than the parents.

Because the court will assume that the child’s parents have his or her best interests at heart and are making safe and sound decisions to this extent, the third party interested in custody will have to provide evidence to the contrary. Proof will have to show that the parents have consistently displayed a lack of concern and are making poor choices on behalf of their child that may obstruct his or her well-being.

After receiving concrete proof of any detrimental behavior exhibited by the parents, the court will take into account the third party as well as the parents when determining the child’s custody. The judge will hear testimony on behalf of all parties, review evidence and make a decision of what living arrangement would be in the child’s best interests.

If an individual wishes to seek custody of their grandchild, they may find it beneficial to speak to an attorney about their legal options. An attorney may advise what evidence can be useful in a custody matter and what the process will entail. Likewise, if a parent desires custody of their own child when another parent or family member has custody, an attorney may be able to assist this individual in taking steps towards retaining custody.