Legal Question in Family Law in Virginia
Child custody
I divorced in India 4 years ago and am now remarried, We reside in Virginia with my 9yr old son from the previous marriage. Though I have custody of my son, I was not supposed to take him out of India, as per terms of divorce. My ex now knows our location and seems to have no objection to my leaving,He is remarried and is in contact with us. He even visited once last year.
He has never sent any child support and my son is totally dependent on my new husband and me. My ex claims he has no intention of trying to take our son from me.
He now wants to immigrate to Canada (to be closer to my son) and says he needs a letter attested by a public notary,stating that my son is in my custody and resides with me in US, without which he will not be allowed to immigrate. If I give him this document,won't this implicate me? Can he come to US and cause problems?
Should I ask for an attested NOC from him first? Would this make my position more legal? What exactly should this NOC contain?
Thanks for your help!
1 Answer from Attorneys
Re: Child custody
I believe that you've submitted this very question before to the BBS. Nevertheless, parallelling the answer which I believe was previously provided, before you even considering supplying the document which your former husband has requested, you should demand that he provide credible proof that Canadian immigration officials are requesting it as part of his application to immigrate to Canada.
Even if your former husband is able to provide this requested proof,you would be ill-advised to provide him with the document unless you're very sure that you wish to have him as part of your son's new life in the United States.
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