Legal Question in Family Law in Canada

re-locating to the U.S. from Canada with a child

I am Divroced and have full custody of my child. Will be re-locating in the summer to the U.S. but having problems with my x in regards to not removing her from the province. I have agreed to any type of visitation for the child to see him at anytime but he refuses to any of it. Willing to agree to what he wants for visitation but that doesn't seem to be enough. He is soon re-marrying and seems to think he has become more responsible...since it has only been the last year he has ever taken her for weekends...which I take her to him and pick her up. I will be marrying a U.S. citizen..where are my rights and what are my rights for making a better life for my daughter and myself which I have done on my own for the past 4 years. I am willing to work it out with my x....but nothing is satisfactory to him. I would never refuse him to see her....

Please Advise


Asked on 2/01/99, 5:24 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: re-locating to U.S. from Canada with child

I'm only licensed in Tennessee, so you might want to check with an attorney in the state where you're moving to make sure the law is the same there, but GENERALLY a state acquire jusrisdiction (legal authority to decide a matter) on custody issues once the child has been in the state for 6 months.

As soon as that 6 month period has run, I would advise filing a Petition to Modify in your new home, register the foriegn judgement order with the court and have the court "domesticate" the order, in other words have the new court adopt the old order as its own and then to modify the order to fit whatever visitation schedule would be appropriate.

This is done fairly routinely.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 2/02/99, 9:41 am


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