Can a judge give sole child custody to a father who is overseas? 17 Answers as of July 09, 2013

Can a judge give sole custody to a father whom is overseas, especially if the mother has been proven to be fit?

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Can or should? From the sound of your question, it sounds like that was the result.
Answer Applies to: California
Replied: 6/21/2013
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
It is impossible to answer this question without knowing more about the facts of the case. If you are concerned about your case.
Answer Applies to: Arizona
Replied: 7/8/2013
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Yes, depending on many details you did not share with us.
Answer Applies to: Georgia
Replied: 6/25/2013
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
It is unlikely that a court would award sole custody to a father who is overseas when the child has been residing with the mother and there are no issues which would prevent her from having custody. However custody is based on what is in the best interests of the child therefore without additional facts, I can not give a conclusive answer. If the court were to find that the mother was interfering with the relationship between the father and the child, the court may deem that the child would do better with the father. However where all things are equal, the courts tend to maintain the status quo and it would be likely that the mother would have primary custody with visitations to the father.
Answer Applies to: California
Replied: 9/20/2011
Law Offices of Steven A. Hemmat
Law Offices of Steven A. Hemmat | Steven A. Hemmat
A decision on which parent should be the primary residential parent depends upon a number of factors. The fact that the father is overseas and the mother is a fit parent, are, in and of themselves, probably not determinative as to with whom the child should reside. You should consult with an experienced attorney to discuss the facts of your situation and possible options.
Answer Applies to: Washington
Replied: 9/20/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, "custody" is nearly a meaningless word. Your rights/time with a child are contained in a parenting plan. To see how a court decides a parenting plan look at my website.
    Answer Applies to: Washington
    Replied: 9/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Clearly a court with appropriate jurisdiction can grant exclusive parenting rights to the father despite that father being outside the US. It isn't possible, however, to speculate as to whether or not a judge will believe that to be in child's best interests without much more information.
    Answer Applies to: Colorado
    Replied: 9/20/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It is unlikely that the judge would do such a thing. The circumstances would have to be very persuasive. The judge would automatically ask - who would the child live with if the father is overseas?
    Answer Applies to: Illinois
    Replied: 9/20/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Your question seems to leave out important details. Custody hearings in New Jersey are usually done in a courtroom in New Jersey. Someone living in another country would have to come to New Jersey for psychological evaluation for purposes of the custody hearing.
    Answer Applies to: New Jersey
    Replied: 9/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A Judge may grant custody to either parent if the Judge finds that the award of custody is in the child's best interests. That is true if the parent resides in this country or another.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Judges do what is in the best interest of the child.
    Answer Applies to: New Jersey
    Replied: 9/20/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    A judge may give sole custody to either party upon a showing of clear and convincing evidence that sole custody in one parent is "in the best interest of the child." Similarly, the judge may allow the child to be relocated to the place where the other parent normally resides upon a showing that the move is in good faith and in the child's "best interest." These tests are fairly stringent, however, and you should consult an attorney immediately if this has happened to you, regarding a complete review for an appeal.
    Answer Applies to: Louisiana
    Replied: 9/20/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    It depends on the specific facts of the case. Your question is to broad.
    Answer Applies to: Massachusetts
    Replied: 7/9/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The Judge has wide discretion to make orders in the child's best interest. To answer your question, yes, the court can make this kind of order. It does not make it right but the judge could do something like this. If you are not in agreement, you would need to file an appeal.
    Answer Applies to: California
    Replied: 9/20/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Theoretically, a judge could. But why would she want to? Discuss your concern with your domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Assuming that there are no facts in the case that make the overseas connection stronger than the Washington connection, I would be very surprised to see something like that happen.
    Answer Applies to: Washington
    Replied: 9/20/2011
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