Custody: State Vs. Country

When a married couple decides to seek a divorce, there are many issues to be worked out. One of the most difficult decisions often centers around who will get custody of the children. The state custody laws often focus on determining what is in the best interest of the child. However, when one parent wants to move either out of state or out of the country, the divorce process can become extremely complicated and highly emotional.

Child Custody and Relocation

There are many reasons a parent may wish to relocate out of state of out outside the United States. Generally the court will consider how the move will improve the family situation. Some advantages may include:

• The ability to pursue a significant educational or professional job opportunity
  • To move close to family and friends who can offer emotional support after a difficult divorce. 
  • When major health problems affect the custodial parent or child and another location can offer a better environment or medical care that can only be found in a specific location

The court will also look at the disadvantages which are:

• The non-custodial parent’s relationship with the child and how it will be affected
• How the child will be affected by moving away from friends and other family members
• The impact of upsetting the child’s routine and change of schools

Most state custody laws have provisions that determine whether the custodial parent can legally move out of the area. They have the power to deny permission if they find the move to be harmful to the children. Many divorce decrees state that the custodial parent must get the court’s permission before moving the children.

Moving Children Outside the U.S.

There are many laws regarding how a custodial parent can move their children out of the country. Children must hold a valid U.S. passport and the federal government requires both parents of the child to appear when applying for a passport. If only one parent appears during this application process, he or she must provide the other parent’s notarized written statement allowing them to apply without their presence. The Children’s Passport Issuance Alert Program (CPIAP) is an important tool used to prevent international parental child abduction. This program allows a parent to register their minor child into the department’s lookout system. When a passport application is submitted for a child registered with CPIAP, the department will contact the parent and provide an advance warning of possible plans for international travel with the child. Removing a child against the wishes of one parent is considered a crime and they may be charged with a federal crime under the International Parental Kidnapping Crime Act (IPKCA).

If a minor child is not escorted by both of his or her parents, the host country may require a notarized consent from the Absent Parent. A court order issued by the U.S. government authorizing the travel may substitute for the absent parent’s consent.

How a Family Law Attorney Can Help

Whenever a parent wishes to relocate with their children, he or she must get approval from the court where the original divorce decree was established. There have been many cases where one parent took their children out of the state or country without the approval of the court. In these situations, hiring an experienced family law attorney will be in your best interest. The laws regarding child custody and parental kidnapping are extremely complex and require the skills of a legal professional who is familiar with the most current laws that may help you in reconnecting with your child.