Wheaton International Custody Lawyer

Wheaton International Custody Attorney

Illinois courts make child custody decisions based on the best interests of the affected child, but the situation can still be emotionally challenging and legally complicated.  It can become even more so when international custody laws must be considered. Effectively navigating this process requires that you connect with an experienced Wheaton international custody lawyer.

When facing an allocation of parental rights and responsibilities, working with a knowledgeable family law attorney is crucial for your case; however, not all family law attorneys will have experience with international custody matters. Retaining a family law attorney without international experience could put you at a severe disadvantage. Even a minor mistake could severely harm your case by causing lengthy delays or irreparable harm.

Skilled International Custody Legal Support

Family law, including international custody issues, is the focus at Schaffer Family Law, Ltd. We understand the consequences of a mismanaged family law case and have spent more than three decades becoming an authority in the area. Though our practice is located in Illinois, we have successfully represented clients from across the United States and all over the world, including Ireland, Argentina, India, Germany, the Russian Federation, Saudi Arabia, France, and China.

The Schaffer Family Law, Ltd., team can help in several different situations regarding international custody, including: 

• Hague Inquiries and Petitions
• Non-Hague Convention
• International Child Abduction
• International Child Support Enforcement
• International Rogue Nation Custody Disputes
• International Travel With a Minor Child After Divorce

Navigating International Custody Concerns

If a parent wishes to move out of the country, they have the right to seek a custody modification similar to if they were moving out of state. Difficult complications arise when the parent continues with the move before a decision has been made in family court, or they move in violation of an existing order. In 2023, the Bureau of Consular Affairs Office of Children’s Issues (CI) was handling 721 active abduction cases that involved 982 children.

When a parent moves to another country with their child without legal permission to do so, they have committed international child abduction. Though pursuing federal criminal charges through the International Parental Kidnapping Crime Act (IPKCA) is an option, the decision should be weighed carefully with your legal team, as it can impact your ability to recover your child.

Even in the event of a successful prosecution, U.S. criminal courts cannot order a child returned to the United States.

Frequently, internationally abducted children are returned through negotiation, the use of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), or the use of the Hague Convention. Understanding the most appropriate choice for a specific case requires a thorough knowledge of all applicable laws and routes for resolution.

Working with a skilled international custody lawyer means gaining access to a wealth of knowledge and resources that may not be easily researched.

Why Schaffer Family Law, Ltd.?

The Schaffer Family Law, Ltd., team is eager to support our clients through international custody concerns. When you are facing the additional frustration that comes with an international custody case, we can offer the needed understanding and compassion.

The knowledge, insight, and experience we have collected in our long history allow us to successfully negotiate and litigate international custody disputes. It is not uncommon for other family law attorneys to retain us as co-counsel during international custody concerns. Our clients are at a strong advantage when they choose our team, and we are passionate about maintaining this reputation.

FAQs

What Should I Do if I Have Been Accused of Internationally Kidnapping My Children?

If you have been accused of internationally kidnapping your children, it is crucial to speak with an experienced international custody lawyer. They can help you determine if you have violated a custody order and broken a law, or if the accusation is false. Once that has been determined, they can help you choose the most appropriate action to protect yourself and your children.

How Does Child Custody Work if the Parents Live in Different Countries?

When parents live in different countries, custody often works differently than when they reside geographically close to each other. The children may reside with the primary residential parent for the majority of the year, but visit with their other parent during summer and some holidays. Though parents can create a parenting time schedule, it is still important that the parent moving with the children obtain court permission to relocate and that the parenting time schedule is approved by the court.

How Does Establishing a Visitation Schedule Happen if a Parent Moves to Another Country?

Establishing a visitation schedule when a parent moves to another country depends on factors such as the child’s best interests, whether the parents can agree on a custody arrangement, and the countries involved. If the child’s parents can agree on residency and the allocation of parental rights and responsibilities, then little court involvement may be required. If they cannot, then the governing courts can step in to determine a parenting time schedule.

Can I Fight for Custody of My Child From Another Country?

It is possible to fight for custody of your child from another country. There are some similarities to fighting for custody in the same country, such as collecting evidence and establishing that you have the child’s best interests in mind, but there are important differences that can heavily impact your case’s outcome. You must first determine jurisdiction, often where the child habitually resides, and then build your case. An experienced custody attorney can help you abide by international laws.

Contact an International Custody Lawyer Today

Whether you are a parent who wants to move to another country with your children, have been accused of internationally kidnapping your children, or are trying to recover your children after a visitation order has been violated, Schaffer Family Law, Ltd., can help.

Our experienced and compassionate team can help you navigate the complicated laws and regulations that govern international custody issues. If you are in the Wheaton College area and have questions or need help, reach out to our office to schedule a consultation.