The Foreign Service Journal, October 2014

44 OCTOBER 2014 | THE FOREIGN SERVICE JOURNAL Here is a primer on the custody issues involved in Foreign Service divorces and how to approach them. BY SUSAN KEOGH , ANN LA PORTA AND D I ANE HOLT FS KNOW-HOW Child Custody Issues in Foreign Service Divorces A Foreign Service parent, whether male or female, who seeks to take a child or children overseas in the case of an estab- lished joint physical custody situation or a new custody situation can be disadvan- taged in the courts. Although laws regarding custody and divorce di er among jurisdictions, more often than not judges lean toward pri- mary custody for the parent who is not moving. e non-posted parent can make arguments that overseas life is not good for the child; citing dirt and disease, crime and insecurity, unfamiliar culture and schools, and loss of friends and activities. In short, living abroad is unhealthy and unfamiliar and destabilizing for the child. An excellent argument that this is not true can, of course, also be made. But it is important to realize that jurisdictional laws place a high value on stability, and this is the principal barrier that needs to be overcome for an FS parent seeking custody. We o er the following concrete recommendations for actions to take and information to gather to establish your case, then dis- cuss some of the legal considerations involved. Our recommen- dations are based, among other things, on the experience of one of the authors, who successfully changed joint to primary custody and moved overseas with her child in 2001. First and most importantly, make sure you are represented by a family lawyer who is familiar with the Foreign Service or “ex- pat” way of life. If your (ex) spouse is represented and you are not, you are at a distinct disadvantage. Money spent on a competent lawyer is well spent. Further, hiring a lawyer enables you to dis- tance yourself somewhat, emotionally, from the proceedings and allows the professional to help you make decisions. is is true even if you have a law degree and a practice. If you choose to represent yourself, depending on the jurisdic- tion, there are generally “self-help” centers in the court where you can get assistance to le motions and organize exhibits. ese centers cannot, however, give legal advice. Reasonable Access Is Key Laws regarding custody and divorce di er from jurisdiction to jurisdiction. But most venues recognize the “best interest of the child” as the determining factor in custody cases. is means that the judge will look at a dozen or more factors to determine what placement would be in the best interest of the child. ese factors include the child’s wishes; the wishes of the parents; the child’s interaction with parents, siblings and others with whom he or she has an emotional bond; the child’s adjustment to home, school and community; potential disruptions to the child’s social and school life; and so on. Jurisdictional laws place a high value on stability: Disrup- tions, changes and distant relationships can make a strong case for the parent staying in the area. In addition, unless one parent is deemed un t, most states’ laws lean toward the parent who is most willing to grant reasonable access to the other parent. Your