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Legal custody of 3-year-old in dispute as mother flees country

For parents in Stillwater, the decision to separate is a difficult one whether they're married or not. In some circumstances when the couple has a child, however, it is best for both parties to part ways. When this happens, legal custody and parenting time can come into dispute. With a sensitive issue such as child custody, the issues can turn contentious and often leads parents to do things that they normally wouldn't do in an attempt to deny the other parent visitation rights.

A man is trying desperately to bring his son back to the United States after the mother of the child took him out of the country. The child was born in the U.S., but the now 3-year-old child has been in Europe for much of his life. Embroiled in a dispute over custody, the mother fled to Poland with the child. She then went to France and became a naturalized citizen. This made the child a citizen of France as well. In spite of the man being granted custody of the child and receiving a court order that the child be brought back, the French courts are not recognizing the order. The father is still trying to bring him back to the U.S.

When there is a disagreement regarding a child by two parents who are divorced or no longer together as a couple, important factors must be taken into account. Legal custody and physical custody are viewed differently. For the parent with legal custody, the major life decisions regarding the child will be made by that parent. With physical custody, the parent who has the child will be responsible for providing a place to live and caring for the child on a daily basis.

In this case, the father saw his son taken away from him as the mother escaped to Europe using the laws of France to shield her from having to give the child back. Disputes don't often reach this level; it can only cause negativity for the child. Parents who are disagreeing over custody of a child should first discuss the matter with a qualified legal professional to keep the best interests of the child in mind and avoid any long-term disputes.

Source: ABC13.com, "WEST U DAD CAUGHT IN INTERNATIONAL CHILD CUSTODY DISPUTE," Sonia Azad, May 21, 2014

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