September 18, 2012 By Paul Wallin

Child custody and visitation cases are always difficult to handle when you and the other parent cannot reach an agreement. This becomes especially complicated when you live in California and the other parent lives in a different state or country.

Because these kinds of international child custody cases can be heavily contested, it is important to speak with an experienced child custody lawyer from Wallin & Klarich to help make sure your children are in your primary custody.

International Child Custody (California Family Code Section 3011)

In recent news, actress Kelly Rutherford, who stars in the popular television show Gossip Girl, had her day in court regarding child custody and visitation of her two children with her ex-husband who currently resides in France.

International child custody
In international child custody cases, best interest of the child is most important.

On September 11, a judge denied the actress’ request for sole custody. Instead the judge ruled that the both parents were to have joint custody but the children were to stay in France with their father, even though they were born in the U.S. According to news sources, the judge made the ruling based upon the fact that the father’s visa has been revoked and cannot enter the U.S. Additionally, the judge determined that the actress has a flexible schedule and the means to travel back and forth from the U.S. to France in order to the see the children, and thus allowing the children to maintain a continuing relationship with both parents.

In California, when making child custody and visitation orders, the court must use the legal standard known as the “best interest of the child.” California Family Code Section 3011 states that in making a determination of the best interest of the child, the court shall consider relevant factors including:

  • The health, safety and welfare of the child;
  • Any history of abuse by a parent seeking custody;
  • The nature and amount of contact with both parents; and
  • The habitual or continual illegal use of controlled substances or habitual or continual use of alcohol by either parent.

The court may also take into account any other factors it deems relevant to the issue of custody and visitation. Best interest of the child is always the standard in California, even when dealing with international child custody cases.

Call the Child Custody Attorneys at Wallin & Klarich

An international child custody case involves complex laws and court proceedings. That is why you need the help of an experienced child custody attorney to guide you through this difficult legal process. At Wallin & Klarich, our skilled family law attorneys have been successfully representing our clients for over 30 years. We can help you with your case now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, Ventura, San Diego, Victorville, West Covina, and Torrance, there is an experienced Wallin & Klarich child custody attorney available to help you no matter where you work or live.

Contact us today at (888) 749-7428 for more information. We will get through this together.

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