Q: Que pasa si uno de los padres abandona el hogar sin volver a ser visto y el padre quiere llevar a los hijos a otro pais

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When one parent abandons the home and is not seen again, and the remaining parent wishes to take the children to another country, several legal considerations must be taken into account. First, it's essential to determine if there are any existing custody orders. If such orders exist, they must be followed unless modified by the court.

If there are no custody orders, the parent may have the initial right to take the children; however, it's advisable to seek a formal custody order before relocating internationally. This helps in providing legal clarity and can prevent potential accusations of parental kidnapping.

It's also important to consider the laws of the destination country regarding child custody and parental rights. Some countries have specific regulations or treaties, like the Hague Convention on International Child Abduction, which aim to protect children from wrongful removal or retention across international borders.

Finally, consulting with an attorney experienced in family law and international custody issues is crucial. They can provide guidance on the best legal steps to take in your specific situation and help ensure that the rights and welfare of the children are protected.

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