Gearing Up for an International Custody Fight: Initial Steps

Child custody fights are never ideal. Although parents have the power to arrange custody as they see fit, many former couples cannot come to an agreement. As a result, it is up to the courts to determine custody and ultimately approve a parenting plan that families will follow going forward.

When parents live in different countries, then different laws come into play, including the Hague Convention. Contact Hamilton O’Neill to discuss any child custody dispute you are having. We have helped many parents with cross-border child custody issues, so we are familiar with the different wrinkles involved with applicable laws. Below, we look at the initial steps to take.

Organize Relevant Evidence

You can speed up your case by collecting important documents related to your children:

• Birth certificates. If your child was born in the United States, you can obtain a birth certificate by contacting Vital Records in the state where they were born. Obtaining birth certificates from a different country can take time.
• School records. You want records showing where your child attends school, as well as how they are performing. Find report cards or enrollment letters from their school.
• Proof of residence. Where does your child currently live? This factor will go a long way to establish which court has the authority to hear the child custody dispute. Generally, you can establish your child’s residence by showing where you live, if you have custody.
• Medical records (possibly). Medical information is certainly relevant in many child custody disputes. Initially, you do not need to gather comprehensive medical information. However, you should write down the name and contact information for your child’s pediatrician. If your child has a disability or illness, then you should document where they receive medical care.

Meet with a Lawyer

No parent should try to handle their own child custody dispute due to the complexities of child custody and nuances in the law. A pro se parent could easily make a mistake, such as not responding to a legal pleading in a timely fashion. The international aspects only contribute to your need for experienced legal representation. Call Hamilton O’Neill to schedule an initial meeting. We can provide insight into what other evidence you need.

Minimize Access to Social Media

Social media has only grown in importance for child custody disputes. Your own photographs might help establish your child’s residence. However, social media profiles could also contain negative information that works against you in a legal dispute. Let your lawyer know about your social media profiles. Set accounts to private, minimize social media use, limit or eliminate posts about your child and do not delete any evidence.

Reduce the Risk of Abduction

If you have possession of your child, then you should take sensible steps to minimize abduction. Talk with an attorney if your child is about to travel to a different country for visitation.

Obtain Help with an International Custody Dispute

A Miami international child custody lawyer at Hamilton O’Neill is only a phone call away. We can swing into action if the other parent has already filed a custody dispute in a different country. Our consultations are private and privileged.