Legal Question in Family Law in Florida
What happens if Wife flees to Korea with our daughter?
looking to protect my custody rights in the event my soon to be x wife (a Korean Citizen with Green Card) suddenly relocates back to Korea and takes my daughter. Is there anything I can include in the divorce and custody agreement to better insure a Korean Court recognizing my parental rights and return of my child? I am the child's primary care giver now.
I want to let my x travel with our daughter, but need to know I will see her again if she does.
Referral would be appreciated
1 Answer from Attorneys
Re: What happens if Wife flees to Korea with our daughter?
Florida law already prohibits your soon-to-be-ex from moving your child out of Florida, so long as your divorce is pending. If she violates Florida law, the question is whether Korean authorities will respect th Florida order that compels her to give you your child and assist you in bringing your child back. Off the top of my head, I can't recall if South Korea is part of the treaty that compels them to respect an American court order, but I think that South Korea is not a signatory to the treaty. (If you're talking about North Korea, then I'm almost certain they wouldn't respect an American order.)
You can check whether South Korea is a signatory by looking at the State Department website under child kidnapping.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
