Legal Question in Family Law in California

My husband is in Lebanon my child was born here to me a US citizen can my husband take full legal cutody of my child and take him to Lebanon?


Asked on 3/13/12, 10:38 am

3 Answers from Attorneys

Joshua Hale Hale Law Group

It would depend o the circumstances of the case. It is unlikely the court would want to award him full custody, under normal circumstances, if the child is very young. If the child were a teenager, it could differ drastically.

It also depends on who is more likely to be better for the interests of the child, you or your husband.

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Answered on 3/13/12, 11:01 am
Michael Schneider Family Law Center

I respectfully disagree with Mr. Hale. The age of the child does not really come into play regarding rather or not your husband could or would be ordered primary or full custody.

Since the child has been with you all this time, and not with him, would play the biggest part in custody. In addition, that Lebanon is not a signatory to the Hague Convention regarding parental kidnapping of children would play a major part in any court's decision. Also, as your husband may be considered a flight risk with the child, since he has direct ties to another country, would also play a major part in any court's decision.

Regardless, I hope you can see why you will need to have qualified and experienced family law counsel to represent you in any proceedings. Good luck!

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Answered on 3/13/12, 11:28 am
Brian McGinity McGinity Law Office

I agree with Mr. Schneider. I would suggest you apply for a U.S. Passport for your child and that you hold it. I would also ask the court to order the passport be kept in your possession and to ensure that your ex does not apply for a lebanese passport I would also request the court order him not to apply for such a passport. The court will be reluctant to order such but I would at least try it.

I also agree with Mr. Schneider in that you need an experienced family law attorney.

Good luck

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Answered on 3/13/12, 6:45 pm


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