Considering the internationalization of the world, courts of all countries have to deal with custody issues involving two or more countries. Frequently, residents of the United States who reside abroad and have marital problems seek to litigate custody in state courts in the United States. In addition, foreign residents who are traveling in the United States find that their spouse is seeking custody in a state court in the United States,

Many countries have adopted the Hague Convention on the Civil Aspects of International Child Abduction, including the United States. The United States has also adopted the International Child Abduction Remedies Act to control which country's court will decide the issue of custody. When an issue develops as to which country is to decide custody, the law provides the court must return the child to the country of the child's "habitual residence", if the child has been "wrongfully removed or retained”.