How do International custody agreements work?

[lostnotfound]

Currently I live in the U.S. I am a U.S. citizen, my wife is a US Citizen (naturalized) and my son is obviously a U.S. Citizen as well.

Recently I've been thinking of divorce. Although she is a U.S. citizen by naturalization, there is a strong possibility that if we do divorce she will have neither the financial means nor the desire to stay in the U.S., instead returning to her home country (Vietnam). She is, as I understand it, no longer a citizen there, but being a communist country, everything is of course negotiable there with the right connections. I do not think she would have any trouble living out the rest of her life there if she desired.

Are there any kinds of international laws in place that would protect me in this situation, should she get custody, and should she further decide to return to Vietnam with my son? For example, if we agreed something along the lines of her returning to the U.S. for 3 months out of every year with my son to live here during the summer, is that even enforceable?

And regarding child support, what denomination is this calculated in? If she plans to live in Vietnam with my son, am I going to end up paying child support according to a U.S. standard of living, which would be paying her anywhere from 5-7 times the average person's salary every month? Or would it be in terms of the standard of living over there?

Any suggestions on what the implications are for my situation would be most appreciated.

[AFFA]

I wish to inform you that international custody can be determined under Hague Convention. You may have a child custody agreement approved from court and then enforce such an agreement. However as Vietnam is not a member of Hague Convention therefore US Courts does not have jurisdiction in this regard. You may have to obtain an order from a court of Vietnam in order to have your child custody agreement enforced in Vietnam. Child support will be determined by court of the place which is determining child custody. If child custody and support case is filed in USA then although that court order will not be enforceable in Vietnam but
that will be valid and enforceable in USA.

AFF

[seanmadre]

Your child is American citizen & she cant take him out of the country without an American court order & I doubt that would happen if she plans to return to Vietnam full time. She will not be able to obtain passport, visa or airline ticket without your signature or court order to to so. You should continue helping her out with child support otherwise you will be faced with back child support plus accrued interest....

[Lexus]

International custody cases are dealt under the Hague Convention. Vietnam is not a member to Hague convention. So it seems that, it is difficult to enforce custody /child support order in Vietnam. But the question is whether she can take the child to out of US as the child being an US citizen? It seems that without a valid court order/or custody arrangement she cannot take the child along with her. Whatever be the issue, your liability to pay child support will not cease. As a biological father it is your duty to give proper child support to your child. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.

[msg]

Make sure your US court order is very clear about any attempts to leave the country.
And control the passport situation.

At some point however you may have to work out something so that all family members can see or be with the child for visits in one way or another. This can become the tricky part in these international custody situations especially if one country does not have treaties addressing the issue or is not a Hague Convention member.