Father has custody case heard by Supreme Court

| Dec 27, 2012 | Military Divorce

The U. S. Supreme Court is not the normal venue for hearing cases involving custody battles, but a military family law attorney and client are appearing before the nation’s highest court to request that a child be brought back from overseas and the venue of a custody case be changed to Alabama.

The Army Sergeant First Class who initiated the case was married to a woman with United Kingdom citizenship. When their daughter was born in Germany several years ago, the child was granted dual citizenship with the United States and the United Kingdom. The father left to go to Afghanistan and the mother traveled home to Scotland. On the father’s return from combat duty, the husband, wife and child moved to Alabama. However, the reunion was short-lived.

With the permission of a federal district court, the mother took the child back to Scotland, claiming that it was where she had been raised and was her home. The father filed a case with the appellate court, but was told that the Hague Convention covered the woman’s actions and that there was no arguable case for the court to hear. Now, the Supreme Court has overturned that ruling. The high court will hear arguments as to why the appellate ruling was sound or why it should be overturned. The question of the child’s residency will also come up, with the Supreme Court’s final decision ultimately answering whether or not the child will stay in America or go back to Scotland.

A family law attorney represents people who may be facing a child custody battle. These cases can be long, drawn-out affairs, so it is usually best to seek counsel and help from a family law lawyer.

Source: Huffington Post, “Rare Family Law Case Heard by U.S. Supreme Court,” Margaret Ryznar, Dec. 10, 2012




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