Woman prepares to take custody case to Supreme Court

On behalf of Stange Law Firm, PC posted in child custody on Monday, June 10, 2019.

Any standard child custody case in Bloomington can be rife with complexities. Throw in the matter of jurisdiction, and a matter can suddenly become a case study in reviewing legal precedents. One can only imagine how much more complicated a case can become when questions of jurisdiction (or even “home state” affiliation) cross international boundaries. Suddenly, what may have been a case of a parent simply taking their children back to their home countries can become an international abduction that requires not only the collaboration of international legal teams, but also that of government officials.

An Ohio-area mother bringing her newborn home shortly after her birth has touched off just such a case. The woman had the child with her then-husband in Italy. Yet troubles in their marriages prompted her to return home. The baby’s father responded to her move by saying that his daughter had been abducted. Lower court rulings in Ohio upheld his claim, saying that given that the girl was born in Italy, that country was her habitual residence, and she therefore must be returned there. The mother is planning on taking her case to the U.S. Supreme Court, relying on a defense that in cases where a child has not had time to establish a habitual residence, the area that should be considered as such should be decided on by the parents.

This case serves to demonstrate just how complex custody matters can be. Adequately dealing with such complexities may be next to impossible for one that does not have extensive legal knowledge. Thus, those looking to argue child custody cases might be well-served to seek out the services of an experienced attorney.

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