Custody Disputes in Orlando’s High Net-Worth Divorces
Orlando is home to many successful professionals, business owners, and individuals with international ties. In high net-worth divorces, custody disputes can become more complex when one parent wishes to relocate outside the United States. Whether you are trying to prevent an international move or seeking to relocate with your child, you need experienced legal representation.
I am Beryl Thompson-McClary, an Orlando high net-worth divorce Attorney, and I handle international custody disputes for clients throughout Orange County, Florida. These cases require a deep understanding of Florida law, international treaties, and the best legal strategies to protect your rights as a parent. If you are involved in an international custody dispute, call me at 1-888-640-2999 to schedule a consultation.
The Legal Issues in International Custody Disputes
Custody disputes with international elements introduce additional legal and logistical challenges. Florida courts consider the best interests of the child while ensuring compliance with state, federal, and international laws. The following factors can influence international custody disputes:
- One parent’s desire to relocate to another country with the child
- Concerns about parental abduction and the enforcement of custody orders abroad
- Differences in family law between Florida and the foreign country
- The Hague Convention on International Child Abduction
- Immigration and travel restrictions that impact parental rights
Whether you are the parent seeking to relocate or the parent trying to prevent a move, Florida law has specific guidelines on how international custody disputes are handled.
Florida Statutes Governing International Custody Cases
Under Florida Statutes Section 61.13, courts determine custody based on the best interests of the child. The law prioritizes the child’s safety, stability, and emotional well-being. In high net-worth cases, courts also consider the financial ability of both parents to provide a stable environment, the presence of extended family, and the impact of an international move on the child’s development.
For cases involving potential international abduction, Florida Statutes Section 61.45 provides legal safeguards to prevent wrongful removal of a child. Courts may impose travel restrictions, require passports to be surrendered, or mandate that the relocating parent post a bond to ensure compliance with custody orders.
The Hague Convention and International Custody Disputes
The Hague Convention on the Civil Aspects of International Child Abduction is a key legal framework in international custody cases. The treaty, which includes more than 100 countries, helps resolve cases where one parent wrongfully removes a child from the United States.
However, not all countries are part of the Hague Convention, and enforcement varies depending on the country involved. If a parent relocates to a non-signatory country, recovering the child can become more difficult. Courts in Florida take this into account when assessing whether an international relocation is in the child’s best interest.
Legal Considerations for Parents Seeking to Relocate
If you are seeking to move internationally with your child after a divorce, Florida law requires you to follow strict procedures:
- File a Petition for Relocation with the court
- Provide written notice to the other parent at least 60 days in advance
- Demonstrate that the move is in the best interests of the child
- Show that the move will not harm the child’s relationship with the other parent
A judge will consider factors such as the child’s relationship with both parents, educational opportunities in the new country, and whether the move will enhance the child’s quality of life. If the other parent objects, the court will hold a hearing to determine whether relocation is allowed.
Preventing International Child Relocation
If you oppose an international move, you must file a legal objection with the court. Florida law allows parents to challenge relocation by arguing that:
- The move will disrupt the child’s stability
- The other parent’s motives for relocating are not in good faith
- The child’s emotional and developmental needs are best met in Florida
- There are concerns about enforcing a custody order in the foreign country
Courts take these cases seriously, particularly when there is a risk that the relocating parent will not comply with future custody orders.
The Role of an Orlando High Net-Worth Divorce Attorney in Custody Disputes
International custody cases require legal strategies tailored to complex family and financial circumstances. As an Orlando high net-worth divorce Attorney, I help clients:
- Secure court orders that protect parental rights
- Enforce or challenge international custody rulings
- Negotiate parenting plans that accommodate both parents
- Utilize international treaties to enforce custody rights
- Prevent unauthorized travel with a child
With decades of experience handling complex divorce cases, I understand how to protect my clients’ parental rights and financial interests in international custody matters. If you are involved in an international custody dispute, contact me at 1-888-640-2999 to schedule a consultation.
FAQs About International Custody Disputes in Florida
How do Florida courts decide whether to allow an international relocation?
Judges consider factors such as the child’s age, educational opportunities, the stability of the new country, and the impact on the parent-child relationship. The relocating parent must prove that the move benefits the child and does not harm the other parent’s custody rights.
Can I stop my ex-spouse from taking my child out of the country?
Yes. You can seek a court order to prevent international travel if there is a risk of parental abduction or if the other parent is attempting to relocate without proper legal procedures. Florida courts can require both parents to surrender passports or post financial bonds to prevent wrongful removal.
What should I do if my child has been taken to another country without my permission?
If the country is a signatory to the Hague Convention, you can file a petition for the child’s return. If the country is not part of the Hague Convention, you may need to pursue diplomatic or legal channels in that country to enforce your custody rights.
How can a high net-worth divorce attorney in Orlando help with international custody disputes?
International custody cases involve complex legal and financial issues. An experienced attorney can represent you in court, negotiate custody agreements, prevent international abduction, and ensure that your child’s best interests are protected under Florida and international law.
What if my ex-spouse refuses to return my child after an international visit?
You should act quickly by seeking an emergency court order in Florida and working with international legal authorities. If the country is part of the Hague Convention, legal procedures are in place to help return abducted children.
What happens if my ex-spouse moves to a country that does not recognize U.S. custody orders?
This situation requires immediate legal action. Florida courts can issue preventive measures, such as restricting international travel or requiring financial guarantees to ensure compliance with custody agreements. Working with an attorney experienced in international custody disputes is critical.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
International custody disputes require legal representation that understands Florida law and international family law issues. Whether you are seeking to relocate or challenging an international move, I will protect your parental rights. Call 1-888-640-2999 to schedule a consultation and discuss your case.
