International Custody Agreements & Visitation Schedules

If you live a long distance from your child's other parent, you may need a long-distance custody agreement.

An example situation of an international custody arrangement

Imagine a U.S. mother and father who divorce when their daughter is eight. At first, their daughter primarily lives with the mother, according to their custody agreement. Eventually, the mother has a new life plan: she will move to Canada with her new partner, and her daughter will stay in the US with the father. Mother and father need a long-distance custody agreement, so they go back to court to modify their custody agreement.

Their new arrangement is:

• Sole custody. The father gets sole custody of their daughter, who will remain in the US with him. They agree that if the mother returns to the US long-term, they can share joint custody again.
• Long-distance visitation. Several times a year, the mother will come to the US briefly to visit her daughter. When the girl turns 12, she can travel to Canada to visit her mother. The mother (not the father) is responsible for arranging for an adult to accompany her daughter on these journeys.
• Parent–child communication. It is the mother's responsibility to pay for the daughter's cell phone. Mother and daughter can talk and text every day. Either of them may initiate the call, and the father must allow it.

Every family is unique, but maybe this example reminds you of something about your own situation.

Consider your child's best interests

Propose a long-distance custody arrangement that will serve your child's best interests. Consider their age and maturity, among other factors.

Where your child wants to live

Some courts consider where the child wants to live. The law may not specify an exact age threshold, as children of the same age can vary widely in their abilities to make big decisions, and whether they're "mature" is a subjective assessment. For example, if a judge asks a 10-year-old child which country they want to be raised in and the child says they want to "live close to friends," the judge may consider them too immature to take their opinion into consideration.

How your child will contact their long-distance parent

The child-parent relationship is important. Allow your child to communicate with their other parent. Make a plan for long-distance communication that considers how your child will change as they grow. For example, when they're old enough, teach them how to make an international phone call. Write your expectations for child-parent relationships into your proposed parenting plan.

You can customize this to fit your situation with Custody X Change.

Anticipate what might go wrong

Allowing your child to leave the country with your ex is a choice you should give much thought and consideration. If your ex keeps your child in violation of a custody order, that's a crime called parental kidnapping. Unfortunately, it may be extremely difficult for you to arrange for your child's return from another country if the other parent won't cooperate.

It's not your child's fault that the other parent has relocated (or might relocate) out of the country. Take measures to protect your child.

Consider your child's ability to advocate for themselves

If a thirteen year old is taken from the country and not returned, they'll have something to say about it and can contact you directly. However, a three year old won't have any idea what to do.

Learn about other countries' laws

Don't expect other countries to abide by American laws. Some countries have no regard for American law, and your custody order will be invalid there. If your ex takes your child, a court may not help you get your child back.

Some countries have comity. This means they have an agreement to honor laws from certain countries. However, you should not rely on the reciprocation of comity to protect your custodial rights. Once your child is over the border with your ex, they could travel to any country.

Seek court orders to prevent your child from traveling

If you feel uncomfortable with your child leaving the country (or even the state) with their other parent, you can suggest that the other parent is welcome to visit the child in your city but the child may not travel long-distance to visit the other parent's new home. Not only may this arrangement calm some of your fears, it may also turn out to be less expensive and more convenient for everyone. Propose it as part of your long-distance visitation schedule and ask the court to approve it.

You can further ask the court to forbid your ex to get your child a passport or to take them across any border for any reason.

If you feel your ex may attempt to flee with your child, you can request that visits be supervised.

The easiest way to make a long-distance parenting plan

Making an international custody agreement can feel overwhelming. There are many matters to address, from the basics of what month the child will be with each parent, to how they'll travel, to how long your video calls may last.

The Custody X Change app helps you cover all the bases with more than 140 provisions and the option to create your own.

You can also create a schedule to keep track of when the child will be with each parent. It's simple, just follow the steps to make a long-distance custody schedule.

As a result, you'll get a court-ready parenting plan that lays out every detail in airtight legal language.

Try this with Custody X Change.

To make a parenting plan quickly and affordably, turn to Custody X Change.