Can a judge give sole child custody to a father who is overseas? 13 Answers as of September 21, 2011

Yes, if the judge deems this to be in the best interest of the child.

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.

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.

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.

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.

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.

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?

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.

Judges do what is in the best interest of the child.

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.