Family Law Can Vary from State to State, Country to Country

Family law can vary from state to state and definitely from country to country as one mother recently learned when her ex-husband moved his three children from their home in the United States to the Gaza Strip, his native homeland. An attorney who is an expert on Islamic Sharia law has indicated that it will be very difficult for the woman to force the return of her children. It is not uncommon for divorced parents in Denver to fear that the other parent might try to move with children to another state. In fact, most family law courts include provisions in the divorce decree about the kind of notice and permission that is required for travel and/or change of residence of the children. However, those same Denver residents could rest assured that various state agencies would cooperate in finding and returning the child if any sort of alleged abduction were to occur. Such is not the case for Bethany Gonzales, the woman whose children are now in Gaza. Even her attorney can do little to assist her, at this point. Although the father of the children, Ahmed Abuhamda, is facing federal criminal charges in the United States over the incident, authorities in Gaza have no reason to extradite him because family law there, as in many countries in the Middle East, is governed by Sharia Islamic Law. Under that system of family law, guardianship of the child is awarded to the father, though physical custody for raising the child is granted to the mother until a boy is age nine and girl age 12-15, depending on the country. However, although the mother has custody for rearing the child, the mother would never be allowed to leave the country with her children without the father’s permission, according to this Islamic family law. The tragic situation that Bethany Gonzales now faces of being unable to retrieve her children is an unfortunate reminder of the importance of having an excellent family law attorney at your side if the issue of divorce or child custody should ever confront your family. According to Gonzales, her ex-husband tricked her into signing passport applications for the children by saying they were going to a wedding and would return. It is possible that if Gonzales had consulted with a family law attorney prior to signing those applications, her children might still be in the U.S. today. Contact a family law attorney in Denver if you are facing any issues regarding family law so that you can ensure that your rights and the interests of you and your children will be protected. Because divorce and child custody laws can vary depending upon where you live, it is important that you understand how family law applies in Denver and what could be different if you or your children were ever to live elsewhere.