Miami International Child Custody Dispute Attorney
Expert Child Custody Lawyer Assisting Clients in Miami and South Florida
What happens when you are facing a child custody dispute and one of the parents decides to leave the United States with the children? What happens when your spouse and the children spend the summer at your spouse’s family’s home outside of the U.S., and your spouse advises you that he/she wants a divorce and they are not returning to the United States with the children? What happens when you and your spouse agree to temporarily reside in the United States, but your spouse refuses to go back home?
These are complex family law matters, and it is extremely important to have an experienced Miami international child custody attorney on your side. At Foster-Morales PLLC, our boutique law firm has experience handling complicated child custody matters, including international child custody disputes.
Laws that Govern International Child Custody Disputes
Depending upon your specific situation and the nuanced set of facts in your case, one of several laws may apply concerning your international child custody dispute. These can include the following:
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to establish jurisdiction for child custody cases in one state and to prevent two different jurisdictions from determining custody;
- The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides for a process to secure the prompt return of children who are wrongfully removed from their habitual residence or wrongfully retained in a jurisdiction other than their habitual residence.
Generally speaking, an international custody dispute should be resolved in the country of the child’s habitual residence. Habitual residence is not formally defined in the Hague Convention or elsewhere; rather, it is a fact intensive determination that considers geographic location, passage of time and which jurisdiction has greatest connection to the child. Get Help with International Child Custody Disputes from the Family Law Experts at Foster-Morales PLLC
Whenever you are dealing with an international child custody dispute, regardless of the circumstances, it is essential to have an experienced advocate who has the expertise to handle these complex issues. In Miami and South Florida, contact Foster-Morales PLLC for more information.
