Barach Law Group LLC
Barach Law Group LLC

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Leaders In Massachusetts Family Law

When Child Custody Concerns Have An International Dimension

When you and a spouse or partner of a different nationality became parents, you may have never expected a separation or divorce to occur, putting your access to your child at risk. However, life’s twists and turns sometimes lead to family law problems that require high-level legal representation to resolve.

Do you need a child custody order that takes into account the international aspects of your family? Or, are you urgently seeking the return of your child to Massachusetts after your spouse or domestic partner took your son or daughter to another country without your consent? In any similar circumstances, turn to Barach Law Group LLC in Framingham.

Several Things To Know If Your Binational Family Is Now Divided

Every situation is unique, and the simplified scenarios described here may not resemble your family’s circumstances. Please know that our lawyers have a strong reputation in child-related issues with international dimensions. Do any of the following apply to your situation?:

  • An unmarried father in the United States does not have custody rights unless he obtains a court order establishing his parentage. In some countries, the opposite is true: A father’s rights take priority when custody is under dispute, even if there is a court order in the U.S. assigning primary custody to the mother.
  • A child’s usual place of residence is often a heavily weighted issue when a dual-nationality couple separates or divorces and either parent seeks a custody order.
  • When either estranged parent takes a child across an international border without the knowledge and consent of the other, an international treaty known as the Hague Convention spells out parents’ and children’s rights.
  • You may be able to seek the return of your child from abroad under the Hague Abduction Convention if you can demonstrate that the child was wrongfully removed to another Hague Convention country; your custody rights were violated, and the child is under age 16;
  • On the other hand, you may defend yourself and your child against a Hague Abduction Convention petition if you can show that the child would be at risk of physical or psychological harm if removed to the other parent’s country of residence.

We Are Good At What We Do, And We Are Here To Help

Reach out without delay to discuss your child custody and visitation problems or an international child abduction.

To schedule a consultation, call 617-819-1805 or reach out online for a prompt response.