Legal Question in Family Law in New York
Canadian (me) married to american (one child) looking to return to Canada
I am a Canadian temporary permenant citizen married year 1999 Dec. 31 to a New york citizen need to return to Canada with child. child is 3.10 years old. My husband is a two time felon of DWI. He is on a 5years probation and has 3plus more years with no reduction because of the second time around.He had been sober but has recently begun drinking and I need help and don't know what to do. I don't want to seek assistance or rehab. this failed in his previous marriage and he refuses to go anyway. He is not a down and out drunk he is a black out drinker. Not only is he drinking bothering me he is also driving this concerns me greatly because his sentencing states drinking of alchohol or driving are not to be done.
I just want to go to canada and sort out the differences there. Can I legally do that? I am desperaate for an answer. Thanks for any suggestions.
2 Answers from Attorneys
Re: Canadian (me) married to american (one child) looking to return to Canada
You can always go. The question is what happense
to the child. If you go without having first
obtained court permission, the court
may decide, in your absence, to grant custody
to your husband in an uncontested proceeding
because you are out of the country. Your
best bet is to hire an attorney to file a
Family Court custody and relocation petition
Re: Canadian (me) married to american (one child) looking to return to Canada
Please call me or e-mail.
212.883.1963
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