Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Actress Kelly Rutherford engaged in child custody dispute

No Westchester parent wants to lose their child. However, child custody disputes often lead to one parent not being with the child. The noncustodial parent may have visitation rights enabling that parent to meet the child, according to a court-ordered schedule. Sometimes, the parents may live in two different countries, and that situation may make it very difficult for the parent to visit the child regularly. Kelly Rutherford, one of the stars of "Gossip Girl," was told by the New York court that it would allow her children to be returned to her German-born ex-husband.

The actress has two children with her ex-husband. She was the primary caretaker of the children until 2012, when her husband was not allowed to re-enter the country because of allegations of fraud when applying for a visa. Since he could not enter the U.S. as a visitor, a California court granted the custody of the child, aged 5 and 7, respectively, to him.

The actress's case was recently heard in a Manhattan Federal Court. Nonetheless, she was not successful in keeping the children in the United States. The judge stated that he could not get in the middle of the child custody dispute because he lacked the jurisdiction, and he would deny the request to overrule the custody order of the California court. On the other hand, he suggested that the actress's lawyers meet with the government. The actress will appeal this decision in a higher court.

It is reported that the actress has gone bankrupt since fighting to get custody of her children. Her lawyers stated that her children were not allowed procedural Due Process and were not given a meaningful hearing before being ordered to live in a different country. They stated that the actress goes to France to meet her children, brings them to the U.S. and, after a few weeks, must return them to France. They also stated that the father has allegedly not made any efforts to restore his U.S. immigration status so that the dispute can be resolved.

Any person facing a child custody dispute will want to build a solid case to support the child custody claim. This may enable the parent to get legal custody of the child.

Source: The New York Daily News, "Kelly Rutherford suffers setback in fight to keep kids from being 'deported' to France," Shayna Jacobs, Aug. 14, 2014

Source: The New York Daily News, "Kelly Rutherford suffers setback in fight to keep kids from being 'deported' to France," Shayna Jacobs, Aug. 14, 2014

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