Experience In Handling Interstate And International Child Custody Disputes
When a parent takes a child to another state or another country, how is a custody dispute resolved? What court has jurisdiction in such a matter? Does the other parent have any rights at all?
For many parents facing this situation, two bodies of law apply:
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention)
Neither body of law specifies how custody disputes are to be resolved — only the court has that jurisdiction. In an interstate custody dispute, that court is the home state of the child. In a dispute involving Hague Convention signatories, that court is the home country of the child.
Experienced Interstate And International Custody Lawyers
Lauzon Paluch provides results-oriented representation on behalf of parents facing interstate and international child custody matters. We are one of the premier law firms in Southern California handling such cases. Aggressive and experienced, our attorneys work diligently to protect our clients’ rights in courts across the U.S. and around the world.
UCCJEA And Interstate Custody Disputes
The Uniform Child Custody Jurisdiction and Enforcement Act is a model U.S. law that governs jurisdiction regarding child custody disputes that cross state boundaries. This law has been adopted by 49 states (including California), the District of Columbia, Guam and the U.S. Virgin Islands. Massachusetts has not yet enacted the UCCJEA but that is under consideration by the legislature.
Custody Disputes Involving Hague Convention Nations
Currently, more than 90 countries have signed the Hague Convention. The Convention recognizes the validity of certain affirmative defenses to the return of a child to the child’s country of “habitual residence.” These include grave risk that return of the child may expose the child to psychological or physical harm, and that the Hague Convention action was begun more than one year after removal of the child from his or her country of habitual residency.
Lauzon Paluch has relationships with law firms across the U.S. and in many Hague Convention nations. When you choose our law firm, we will act quickly to assert your rights and seek results for you.