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Texas child custody and a dual citizenship parent

Sunday, September 24, 2017

A Texas resident involved in a divorce with a spouse who holds dual citizenship may find their case more difficult than others, especially if they are unable to come to a resolution on child custody. With the increase in technology allowing for easier communication and the ability to travel abroad with little problem, dual citizenship marriages and divorces are becoming more common. A divorce is already difficult, but when international complications are tossed into a custody battle, it could warrant the need for a team of people knowledgeable in child custody law as are applicable to the countries involved.

It is likely most people have heard media reports surrounding parents who have taken their children to another country. Often, the American parents are left behind to fight an increasingly difficult and expensive divorce, ones that does not always end on a positive note. One case to thrust this issue into national spotlight revolved around the actress Kelly Rutherford. She was divorcing her husband, who happened to be a citizen of Germany. He was forced to leave this country, and a judge in the case dealt her the ultimate blow - he ordered her children to leave America and live in France because of the father's situation.

Any spouse involved in a dual citizenship divorce may want to tread carefully. A divorce is often handled in the country the couple lives in. If a resident of Texas has moved overseas to be with a spouse, it could complicate divorce and custody proceedings, especially if the country is not favorable towards the affected spouse. Issues regarding child support, alimony or even the legal rights of women can come into play.

However, those who live in Texas and are married to someone who possesses dual citizenship may also be fearful of their spouse leaving the country with their children. A custody situation like this is undoubtedly difficult to deal with, especially on top of the emotional whirlwind a divorce battle could bring. Understanding one's legal rights in a divorce could go a long ways toward helping to prepare for the possibility of a child custody battle, especially when an international element may be causing issues between the parties.

Source: Forbes, "Small World, Big Problem: Divorces Involving Dual Citizenship," Jeff Landers, Jan. 10, 2013

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