![](/assets/sub-banner/custody.2407151532403.jpg)
Queens, New York, International & Interstate Custody Dispute Lawyers
For divorced or separated parents, it can be difficult when your child is across town with their other parent for just a weekend. However, when your child’s other parent is a foreign national and has taken them to another country with no intention to return, it is typically terrifying.
It is also devastating to be ordered by the court to turn your child over to a co-parent when you know that the parent is abusive, negligent, or unstable. The temptation can be overwhelming to take your child and flee for their safety, perhaps to another country.
At Law Offices of Andreas Vasilatos, we understand the high stress and emotional nature of custody, especially in interstate or international cases. We have successfully represented parents in these matters, including those involving international travel, including parental abduction. Whether you are a parent desperately trying to secure the return of your abducted child or a parent who has fled to another country for your child’s safety, we can help.
Child custody disputes that cross state lines or international borders present unique and complex challenges. These cases involve not only the fundamental issues typical of custody battles but also intricate legal nuances specific to jurisdictional boundaries. Understanding both federal and international laws is essential to navigate these disputes effectively.
Our family law attorneys are skilled at presenting solid cases for our clients. We strive to uphold parental rights and the child’s best interests across borders. Our firm works assertively to enforce custody orders, regardless of jurisdiction. We can collaborate with international legal professionals and experts to provide informed and effective representation in cross-border disputes.
Request a consultation with a Queens, New York international and interstate custody dispute attorney about your case. Call Law Offices of Andreas Vasilatos at (855) 773-1166 to make an appointment or email a team member for help online. We serve parents throughout New York City.
![](/assets/pack/background/services.2407030958550.jpg)
![](/assets/content/cta-2.2407031432550.jpg)
Why Are International and Interstate Custody Cases So Complex?
International and interstate custody cases are complex due to several key factors. Jurisdictional challenges exist in determining which court is authorized to make custody decisions, particularly when different states or countries are involved.
The diverse legal systems of these states and countries have varying custody, parental rights, and family law statutes, requiring specific knowledge to reconcile the differences. Ensuring compliance with custody orders across borders often requires enforcement mechanisms that vary by jurisdiction. In international cases, cultural and language barriers can also complicate communication and negotiation processes.
Interstate Custody: Challenges and Examples
Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which provides guidelines for determining jurisdiction and enforcing custody orders across state lines. This also includes the Parental Kidnapping Prevention Act, which provides terms under which custody can be modified.
However, challenges can arise in the practical application of these laws:
- Initial jurisdiction: Deciding which state has jurisdiction to make initial custody determinations is often contentious. Generally, the child’s “home state” (where the child has lived for at least six months) is given priority, but exceptions can occur.
- Modification of existing orders: If one parent moves to another state, modifying existing custody orders can be difficult, especially if the non-moving parent contests the move.
- Enforcement: Enforcing custody and visitation orders across state lines typically requires cooperation between state courts and may involve additional legal processes.
Consider a parent moving from New York to California with the child, leaving the other parent still residing in New York. The New York court issued the original custody order, but the California parent seeks a modification. The UCCJEA stipulates that New York retains jurisdiction unless New York courts determine that California is now the child’s home state and better suited to handle the case.
International Kidnapping & Custody: Complexities & the Hague Convention
International custody disputes are even more intricate, often involving international treaties and agreements. The Hague Convention on the Civil Aspects of International Child Abduction is crucial.
The Hague Convention
The Hague Convention was signed in 1980 to protect children from international abduction. The Hague Convention allows for the child’s return to their home country so that the proper court can address custody disputes.
This international treaty aims to protect children from wrongful removal or retention across international borders by providing a process to return abducted children to their habitual residence.
Important Considerations:
- Habitual residence: Determining the child’s habitual residence is crucial and may involve complex legal arguments about the child’s regular living place.
- Legal representation: Navigating the legal systems of different countries requires explicit knowledge and often involves working closely with international attorneys.
- Enforcement: Enforcement of custody decisions under the Hague Convention can still be challenging, requiring cooperation between international courts and enforcement agencies.
- Non-Hague countries: Custody disputes involving countries not signatories to the Hague Convention are particularly complicated because they lack the framework for international legal cooperation.
- Additional considerations: Beyond the Hague Convention, international custody disputes may also be affected by individual countries’ immigration laws, cultural expectations, and the availability of legal recourse.
Attorney Andreas Vasilatos is experienced in Hague Convention rules, regulations, and procedures and understands the requirements for proving that the law demands a child’s return to the country from which they were taken.
If your child’s other parent has abducted them and removed them to another country without permission or kept them in another country beyond the agreed-upon stay, we urge you to contact our firm.
Mr. Vasilatos and his team can:
- Determine if the country in which your child is staying is a member of the Hague Convention
- Help you understand the process for having your child returned
- File the proper documents in the proper court on your behalf
- Advocate for your parental rights from the moment you enter our office until your child is safely back in your arms
If you have taken your child to another country in violation of a custody order, we can work with you to secure your child’s safety and minimize the legal consequences you will have to face.
![](/assets/pack/background/staff-bg.2407030958550.jpg)
Championing Your Case, Empowering Your Future Why Choose Law Offices of Andreas Vasilatos?
-
We provide empathetic support throughout your family law journey, ensuring you feel understood and supported.
-
We craft personalized legal approaches that align with your unique needs and goals, maximizing outcomes through negotiation or litigation.
-
Specializing solely in family law, our attorneys offer deep expertise and up-to-date knowledge, delivering meticulous preparation and dedicated advocacy.
-
We prioritize personalized service and accessibility, ensuring you're informed and confident in our strategic representation.
Experienced Legal Representation in Interstate & International Custody
Our capable legal team is known for its skill in handling interstate and international custody disputes. Unlike other family law firms, we routinely focus on this practice area.
Our unique representation includes:
- Comprehensive jurisdiction knowledge: We understand the complexities of the UCCJEA and the Hague Convention and can effectively navigate jurisdictional issues.
- Strategic representation: Our attorneys are skilled in presenting meticulously prepared and pursued cases for our clients, fighting to protect parental rights across borders.
- Enforcement: We work diligently to enforce custody orders, no matter how complex the jurisdictional or other issues.
- International network: Our collaborations with international legal professionals and experts enhance and inform our representation in cross-border cases.
Unfortunately, interstate and international custody and parental abduction cases are often drawn out and complex. While you wait for resolution, you need an attorney who can keep you informed and offer the compassion and support you need.
At Law Offices of Andreas Vasilatos, we take pride in standing by our clients during this most stressful of times. Our understanding of the legal intricacies and our commitment to compassionate representation make us a trusted choice for navigating these challenging cases.
![](/assets/content/1-2.2407031432550.jpg)
![](/assets/content/small.2407030841550.jpg)