Berman & Asbel, LLP

Custody battle continues between Halle Berry and Gabriel Aubry

As many divorced Pennsylvania parents may know, moving your child out of state after a divorce can be a difficult endeavor as the relocating parent needs to prove to the court the move is in the best interest of the child. According to a report, which evaluated the child custody case between Halle Berry and Gabriel Aubry and their 4-year-old child, the actress's request to move the child out of the country is unlikely to be approved by the court. Ms. Berry has been the subject of death threats and recently a man convicted of stalking her has been released from prison, thus her concerns over her and her daughter's safety.

The actress submitted a request to the court in an effort to obtain approval to move the child to France, claiming the child would be safer oversees. According to media reports, the child custody report chastises both parents for being unable to resolve their personal disagreements in the best interest of their child. The Academy Award winning actress is engaged to be married to Olivier Martinez, a French citizen and actor.

The evaluator in charge of reviewing the child custody case between the two has concerns over Ms. Berry's upcoming third marriage and stated in the report, a move outside the country would be "detrimental" to the little girl as her father is a big part of her life. The couple has been involved in a lengthy court battle since they separated in February of 2010. Media reports are claiming in June of this year a family court judge ordered Ms. Berry to pay the father of her child $20,000 per month in child support.

Child custody cases are not solely limited to divorce, as this case demonstrates. It can be beneficial when a couple has a child outside of marriage to solidify your parental rights as early as possible should the relationship not work out. Child custody battles can take many forms, from parental relocation requests to enforcement issues involving visitation schedules and holidays.

Professional legal counsel can help parents determine their parental rights and the enforcement of those rights, which may involve having some say as to whether your child moves out of the country, limiting your visitation and parental time with your child.

Source: The Huffington Post, "Halle Berry Custody Battle: Report States Daughter Shouldn't Be Separated From Gabriel Aubry," Aug. 22, 2012

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