Going through a divorce with someone who lives in the same state is difficult, let alone divorcing someone who isn’t even from the same country. While you and your spouse might be willing to separate and go back to your respective countries, your children could be caught in the middle.
This is a frustrating scenario to deal with, because there are many factors that go into who should have custody, how often your child can see each parent and other issues.
Concerning issues for foreign and expat parents
There are several issues to consider when you’re trying to determine where to raise your child and how to be sure they get time with both parents.
First, you and the other parent have to consider the general wellbeing of your children. Depending on the countries involved, you should think about which would be better to raise a child in. For instance, you may prefer the United States for its schooling and access to certain kinds of medical care, or you might prefer the United Kingdom for social supports and closeness with relatives.
After you think about which country would be better to raise your children in, you need to think about custody and visitation. Can both parents stay in the same country, or will you have to separate? Depending on the countries involved, this could be a logistical nightmare for some parents. Until your children are old enough to travel alone, you may need to fly back and forth or fly with them back and forth between countries several times a year.
Other options exist, such as digital visitation, which could allow for more regular “visits,” though they are not in person.
Finally, depending on how old your children are, you may also need to consider their wishes, because the court may as well. If your child has deep ties to their current country and doesn’t want to leave, then you do need to decide if that is best for them.
International custody issues can be difficult. If you or the other parent is worried about international parental kidnapping, problems with visitation or other concerns, you need to get to know your legal rights in the U.S. and abroad.