Custody and visitation orders must be honored no matter where your ex moves.
The guiding principle behind child custody laws is to provide for the best interests of the child. In most cases, this means having a relationship with both parents. It is relatively rare for a custody dispute to result in a complete denial of both custody and visitation to either parent. If you have a custody or visitation order that gives you a right to see your children, your ex cannot legally deprive you of this right. Unfortunately, sometimes the parent with primary custody will attempt to unfairly and illegally deny access, often through relocation.
What if My Ex Takes the Child to Another State?
If your ex has primary custody of your child, they are presumed to have the right to relocate with the child to another city or state. However, if you can prove that they are moving purely to make it difficult for you to see your child, rather than for a legitimate reason such as pursuing a new job or getting closer to family, you can petition the court to block the move or change the custody agreement. If your ex does move to another state for legitimate work or personal reasons, this will not void your parental or custodial rights. A per the Uniform Child Custody Jurisdiction and Enforcement Act, states are required to recognize and honor one another’s custody decrees.
What if My Ex Takes the Child Overseas?
If your ex is a citizen or native of a foreign country, you might reasonably fear that they could take your child abroad for a “visit” and simply never return. In the 80+ nations party to The Hague Convention, it will be impossible for your ex to get a new custody order in that country to override your existing order. In fact, The Hague Convention mandates the prompt return of children to their countries of residence in such situations. Just recently we had a case in the news where a woman was returned to the US for prosecution after taking her sons on a never-ending “visit” to Slovakia.
What if My Ex Takes the Child to an Indian Reservation?
If your ex is a member of a Native American tribe, they might threaten to take your child to an Indian reservation. While Indian reservations are considered their own sovereign territory and can have their own laws, in most cases they will recognize custody orders just like states would. However, in rare cases a unique federal law known as the 1978 Indian Child Welfare Act could come into play. This law makes it very difficult for Native American children to be taken from their parents. However, it does not protect parents who illegally kidnap their children from guardians with custody rights. Last year, the Supreme Court ruled on a case involving this issue and determined that the Act “does not apply where the Indian parent never had custody of the Indian child.”
If you have a concern about your ex’s plans to relocate with your child, or feel that your current custody agreement is unfair or does not represent the best interests of your children, please contact the expert child custody attorneys at Kendall & Gkikas now.
