Protecting Your Parental Rights Across States and Continents
Stowell, P.C., is one of just a few law firms in the Denver metropolitan area that has significant experience dealing with the unique legal problems that arise when child custody disputes cross state and national borders. Our lawyers have assisted clients in Europe, Asia, South America, South Africa and other parts of the world in child abductions, disappearances and various different custody disputes.
Bodies of Law That Apply to Interstate and International Child Custody Disputes
There are two bodies of law that apply to child custody and alimony cases that cross Colorado's borders:
- Between states: the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJA) applies. If a child is in eminent danger of harm, the state where the child currently resides can enter temporary orders for the child's protection. Then the court will send the child to his or her home state where the court will review the temporary orders and provide permanent orders.
- Between nations: the Hague Convention applies. This treaty deals with service of legal process between 66 member countries.
Jurisdiction is a major issue in interstate and international child custody disputes. The home state is considered to be where the child has lived for the past six months — or, if there is an existing order in place, where the existing child custody order came from. Determining jurisdiction is a fact-intensive process.
Our lawyers are licensed to practice law throughout Colorado, all federal courts in our jurisdiction and all the way up to the United States Supreme Court. This allows us to aggressively pursue appeals as far as they need to go. If you live in Colorado but another state has jurisdiction, then our lawyers would collaborate with a lawyer in the other state.
What if My Child is in a County That Isn't a Hague Member?
Some countries, such as Argentina, Portugal and Iran have not adopted the Hague Convention. members. In the past, when children were taken to a non-Hague country, the parents and their attorney would sometimes hire subcontractors to go into the outlaw country and take the child illegally. However, the State Department has vocally come out against these reverse-child abductions, and lawyers regularly petition senators, representatives, state officials and foreign embassies to retrieve abducted children.
Schedule an Attorney Consultation
To discuss an interstate and international child custody dispute with a lawyer at Stowell, P.C., call 888-353-9358 or fill out our contact form. From our office in Lone Tree, Colorado, we represent clients in the Denver metropolitan area and throughout Douglas, El Paso and Pueblo counties.
