International Child Abduction - An Ounce of Prevention is Worth a Pound of Cure

According to data from the United States Department of State, since the late 1970's approximately 16,000 children have either been abducted from the United States or prevented by one of their parents from returning to the United States.travel.state.gov/family/abduction/abduction_580.html  The advent of the Internet, e-mail, and a global economy have made international marriages more common.  Therefore, it is likely that international child custody conflicts will increase in the future.

Once a child is taken from the United States, there is a series of complicated procedures that must be undertaken to regain possession of the child.  A great deal also depends on whether the country where the child was taken is a member of The Hague Convention.travel.state.gov/family/abduction/hague_issues/hague_issues_1487.html  Therefore, an ounce of prevention is worth a pound of cure.

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Best Interest of the Child

For Texas parents entering the realm of divorce and custody litigation, the phrase "best interest of the child" will be heard throughout the process.  This is probably the most often quoted phrase in the Texas Family Code.  The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of an access to the child.  See Tex. Fam. Code Section 153.002. 

What does "best interest of the child" really mean, and how are those interests determined?  This seems to be a very subjective standard that could vary from judge to judge.  While that is partially true, case law provides guidance. 

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