Child custody hearings are usually tried in the city or county in which they are filed. For example, if a motion for child custody is filed in Denver, a court in Denver County will likely hear the case. In some situations, however, the question of where the case should be litigated is a contentious part of the dispute too. Some states and counties have different tendencies in dealing with child custody disputes than others, making it advantageous to file in one state or county versus another.
That may have been the case in a recent custody dispute in one state, which has international implications. The family lived in Hungary and recently moved to Romania, but the father did not file for divorce or custody in either of those countries. Instead, the father reportedly waited to make his filings until he and the twin boys for whom custody is being sought were in the U.S., because, he claimed, he was afraid he would not have seen his children for five years, when they become be legal adults, if he were to have filed in Hungary or Romania.
Although the father filed in the U.S., it is not guaranteed that is where the case will be tried. Before any progress can be made on who will have custody of the boys, a trial will first determine whether the case will be heard in the U.S., Hungary, or Romania.
It may be beneficial for anyone who is involved in a child custody battle, or who is considering filing for sole custody or a custody modification, to consult with an attorney. An attorney who is familiar with the family laws in your area will be able to advise you of your options and answer any questions you may have.
Source: Source: The Denver Post, "Trial begins in international custody case", Sheila Burke, May 21, 2013
