CHILD CUSTODY. how can i get free legal help and what can i do to get my son back from his dad.

1 ANSWERS

1. salim
   

   First thing is that under U.S. law,  parental child abduction is a Federal crime.It is an offense to remove or retain a child who has been living in the United States to a foreign country with the intent to obstruct the lawful exercise of parental rights. Such an offense is punishable by a fine, imprisonment for not more than three years, or both. In addition, interference with a parent’s rights of custody is a felony in every state. It is taken as wrongful removal or retention of a child and such issues are taken seriously.
   
   COURTS WHO CAN HEAR YOUR CASE IN UNITED STATES:
   The United States has two separate court systems, a Federal court system and a State court system. Both types of courts have authority to hear a Hague Abduction Convention case, as established by the International Child Abduction Remedies Act, 42 USC 11603. You and your attorney will need to decide together whether to file a petition for return of your child under the Hague Abduction Convention in State or Federal court.
   
   No two States are exactly alike when it comes to the organization of the courts. Each state is free to adopt any organizational scheme it chooses, to name those courts, and to establish the scope of the courts’ jurisdiction. Generally, however, State courts consist of trial courts and appellate courts. Some courts also have established specialized family courts within their trial courts. Trial courts are the court of first instance and would be the first court to hear a Convention case within the State court system.
   
   FREE LEGAL AID IN UNITED STATES:
   Although the U.S. Supreme Court has ruled that a person facing criminal prosecution in the United States is entitled to free legal representation, there is no such right to free legal representation in civil (non-criminal) cases. In addition, the United States objected to the section in the Convention that requires countries to provide free legal representation to left-behind parents. Therefore, parents seeking return of or access to their children under the Convention must bear the cost of the litigation. In addition to attorney fees, there could be other fees as well as court costs.
   
   STEPS TO BE TAKEN IN CASE THE COURT DENIES THE RETURN OF YOUR CHILD:
   The return of your child can be denied by a U.S. court under limited circumstances in accordance with the Convention. The return can be denied, for example, if the other parent is able to prove to the court one of these exceptions provided for in the Convention:
   
   If there is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”
   
   If “the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of” the child’s views
   
   If over one year has passed since the date of the wrongful removal or retention  and it is demonstrated that the child is settled in their new environment; or
   
   If the return of the child would be in violation of the United States’ “protection of human rights and fundamental freedoms”
   
   APPEAL THE DECISION:
   If you believe that the court improperly denied the return of your child, you have a right to appeal that decision to a higher court. Similarly, if the court orders that your child is to be returned, the other parent also has a right to appeal the court’s decision. Generally speaking, the court that you appeal to (the appellate court) will not consider new evidence. The appellate court will examine the evidence presented in your original court case, and it will decide whether that first decision was legally sound or not.
   
   The appellate court will typically be deferential to the trial court and uphold its decision. The appellate court, however, could reverse the trial court’s decision if the trial court committed legal error. Additionally, the appellate court could send the case back to the trial court (a remand) for further hearing.
   
   My sympathies are with you and i wish you good luck for this case.

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