Can Your Ex Take Your Child Outside the U.S. During or After Divorce?

 Posted on July 31,2019 in Family Law

The U.S. Census Bureau reported that, as of 2011, 11.4 million married-couple households, or 21 percent of all married-couple households in America had at least one spouse born in another country. About 13 percent (7.3 million) of households had two foreign-born spouses, and 7 percent (4.1 million) had one native-born and one foreign-born spouse. With those numbers likely going up, along with it comes serious implications involving children, especially those involved in legal separation or divorce.

Taking Children Out of the Country

Generally, taking a minor child outside the country is not an issue if you have proper documentation to show the child is yours. In these ordinary cases, either parent may temporarily remove a minor child or children from the state and even travel with them outside the country for a vacation, family visit or other reasons. All that is necessary is for the parent to provide the other parent information as to where he or she is taking the child or children, how long they will be gone, and contact information.

Where things get complicated is when you are legally separated, going through divorce, or you are already divorced. In these situations, a parent attempting take a minor child outside the country must make sure they are doing so in compliance with Illinois family law statutes, as well as any other laws that may come into play, especially kidnapping laws. These regulations are in place to prevent international child abduction, as well as to ensure full protection and enforcement of a child custody order.

What is Required to Legally Take a Child Outside the United States?

If you are legally separated, going through divorce or the divorce is final, then before your spouse or ex-spouse takes your minor child outside the U.S., he or she must get permission from you. If you anticipate or suspect your spouse or soon-to-be ex has less than noble reasons for taking your child or children outside the country, you should seek legal counsel to ensure that your child is not illegally taken from you.

Contact a DuPage County Child Custody Attorney

At Mevorah & Giglio Law Offices, we have experienced lawyers who understand and know how to protect your interests as a parent as well as the interests of your children. Our attorneys have more than 200 years of combined experience advising and advocating for clients in a wide range of areas and enforcement of parental rights is one of them. If you are concerned that your spouse or ex-spouse intends to kidnap your children by taking them outside the country, there are things we can do under the law that can prevent this from happening. Contact one of our experienced Lombard family lawyers who can provide you with accurate information and guide you through what needs to be done. Call us at 630-932-9100 for a free initial consultation.

Source:

https://www.census.gov/newsroom/press-releases/2013/cb13-157.html