What Is the Hague Convention and Why Should a Tennssee Parent Care?
Many Tennessee parents should know about the Hague Convention. The Hague Convention is a body of multilateral conferences between nations where declarations are made, treaties are negotiated, and international rules and laws are ratified. These international law concerns surround adoption, child custody, and dual citizenship, among other things, affecting many families right here in Tennessee.
Multilateral agreements ratified at the Hague Convention include:
● international child custody cases (in which country’s court will the case be heard);
● international recovery of child support and other forms of family maintenance, including spousal support; and
If your situation could involve U.S. immigration law, the Hague Convention, or other international law, you should seek competent legal advice from a licensed Tennessee lawyer about your specific circumstances.
Dual Citizenship in the Tennessee Family
Although there are exceptions, in general there are several ways for a person to gain dual citizenship with the U.S., including the following:
A baby is born in the U.S. to parents who are citizens of another country; their child may be granted dual citizenship. For example, the pregnant mother is a Canadian musician touring on the Memphis performance arts scene. She gives birth to a daughter at Baptist Memorial Hospital for Women. Her newborn is both a U.S. citizen (born on U.S. soil) and a Canadian citizen (through her mother’s citizenship).
Marrying a citizen of another country can result in dual citizenship. As when the Canadian national marries a U.S. citizen (perhaps the father of her child).
A foreign national living in the U.S. may become naturalized by complying with U.S. immigration law. If so, it is possible for that person to obtain dual citizenship in the U.S.
Understand that dual citizens owe their allegiance to both countries. In the example above, the Canadian child born in Memphis must obey the rule of law in the U.S. When she returns to Canada with her mother, she must obey the rule of law in Canada.
Cuba, like many other countries, does not recognize dual citizenship after U.S. naturalization, the birth of a child to Cuban parents while in the U.S., or U.S. citizens whose children are born in Cuba. As far as the Cuban government is concerned, they are not citizens of the U.S. (despite their U.S. status as dual citizens). This may be surprising, but most countries do not recognize dual citizenship.
Special Concerns for Those in the Military
From a Tennessee family law perspective, the Hague Convention can have a substantial impact on many military parents. After all, a major part of the service member’s job description revolves around deployment and traveling to distant locations around the world. The service member may be a dual citizen. His or her spouse may have dual citizenship. Their child may have dual citizenship.
With Arnold Air Force Base, the Naval Support Activity Mid-South Base, and the U.S. Army’s Fort Campbell at our border with Kentucky, Tennessee is home to many service members and their families. For more information about international family law concerns and the Hague Convention, contact a licensed Tennessee attorney.
Military Divorce Attorney in Memphis TN
The Miles Mason Family Law Group handles Tennessee military divorce, child support, alimony, child custody, and parent relocation. For more information, see Military Divorce in Tennessee: Answers to FAQs. For legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog. Check out The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, available on Amazon and Kindle. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.
About Miles Mason
Memphis divorce attorney and family lawyer, Miles Mason, Sr. JD, CPA founded the Miles Mason Family Law Group, PLC. The firm practices divorce and family law only representing clients living in Memphis, Germantown, Collierville, Bartlett, Eads, Shelby Co., Fayette Co. Tipton Co., and the surrounding west Tennessee area. For more information, see our Meet the Team page.