International Visitation/Support question

[verucabong]

Hi there-

I have what is probably a very complicated and possibly confusing issue. I am married and have 2 kids. The youngest is ours together. The oldest is from a previous relationship of my wife's. There was no marriage. The child is 8 now, and I have been in her life since she was 4. Her biological father has rare contact with her, usually by telephone and has visited her on about 6 occasions. He lives in Alaska, we in Massachusetts. He is very inconsistant. Currently there is no visitation order, however one will likely be coming in a few month's time. My wife has full custody and he is to pay $50 a month in child support. I know, a rediculous amount. He's very evasive. At any rate...

I am going to be entering the US Air Force as an Officer soon and that's likely what is going to complicate matters. If I am stationed overseas, take for instance Germany, and he wants to visit her, how does that work? I assume he would come to Germany. What if he wants to file some other legal issue? Modification of visitation or custody? Would he file it in the US? Germany? A Military court? (I'd be in the military, my wife would not be...just along for the ride so-to-speak.) What if we moved to another state in the US? Does he file in that state? With a Military court? What if we wanted to file something? Where would we file?

I'm sure you can see how this can get confusing very quickly. Any help would be much appreciated, as well as any resources that I could check out.

Thank you

J.N.

 

[NYClex]

You are right, these are very complicated jurisdictional questions. Usually courts follow one guideline based on certain international agreements and some federal acts that have been acknowledged by most or all states: A motion has to be filed in the court that has jurisdiction over the child. A court normally has jurisdiction at the place of residence of the child. For these international and interstate matters residence is assumed to be established once the child has lived at the place for at least 6 months.

Example: Child has been living in NY for 2 years until February, then moves to Germany. Non-custodial parent lives in Arizona. Until August the NCP can file a suit in a New York court, because the courts will look where the child has lived for at least 6 months. Since until August the stay in Germany is not yet 6 months, the German court will not have jurisdiction.

From August on the German court will have jurisdiction, the New York court will not have jurisdiction, because now the child has lived at least 6 months in Germany.

The Arizona court never had jurisdiction, because the child never lived there.


This is a general outline. As always in law, there are exceptions based on details.

 

[verucabong]

thanks

Thanks for replying. One question that I thought of in reading your reply, was that I've heard of international treaties/laws regarding child custody/visitation and the like. Are there any good resources I can look to regarding these? Online is preferable, but I'm no stranger to the library either

Thanks!

J.N.

 

[NYClex]

There are several laws or treaties that rule here:

One is the Uniform Child Custody Jurisdiction Act http://www.law.cornell.edu/uniform/vol9.html#child

that governs in matters of interstate custody and international custody with countries that are not signatory partners of the Hague treaties.

The other is the Uniform Child Custody Jurisdiction and Enforcement Act in its separate state form if a state has adopted it. http://patriot.net/~crouch/uccjea/index.html

Another is the Parental Kidnapping Prevention Act (PKPA) http://www.deltabravo.net/custody/pkpa.htm

The international aspects are covered also by the Hague conventions, which have been signed by the United States and Germany and are therefore applicable law in both countries:

The Hague Convention on the Civil Aspects of International Child Abduction http://patriot.net/~crouch/haguetext.html

Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation for the Protection of Children (1996)
http://www.hcch.net/e/conventions/menu34e.html

Hague Convention on the Law Applicable to Maintenance Obligations Toward Children (1956)
http://www.hcch.net/e/conventions/menu08e.html

Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (1973)
http://www.hcch.net/e/conventions/menu23e.html

Hague Convention on the Law Applicable to Maintenance Obligations (1973)
http://www.hcch.net/e/conventions/menu24e.html