1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Can I apply in the states for custody and divorce?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

I'm an American who married a Canadian 8 years ago. We had 3 children born and raised in Canada. Never got dual citizenship because never planned on leaving my husband..years of mental emotional and physical abuse. He cheated on me with his best friends wife who was also my best friend... twice in 2 different homes. I found out and had enough.. he hurt me for the last time..i called my mom to come and get me and the kids. I was able to leave because I convinced him it was only for a few days. I don't want to be with him anymore, I don't want to be near him. I don't want to have to go back there to file for custody and divorce...he will go crazy and all of my family and support is here. Can I apply in the states for temporary child custody and divorce? What do I have to do? Also their passports expired I didn't know until coming through border...and the baby will be 1 and no passport. and I have permanent resident card but lost the card.. please advise me what the path is I need to start on...I don't have a lot of time. thank you..

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Answer: Assuming that you are presently in the United States with the children and no Court has yet been commenced in either the United States or Canada, then you need to immediately speak with an American attorney, in the State where you are now staying.

If Court is commenced in Canada, then of course we can assist you.

As a general comment, Courts in Canada and the United States will take jurisdiction over children ONLY IF the ordinary residence of the child is in that Province/State. As an example, if you just left Ontario for New York State, and your husband begins a case in Ontario, then you will likely have to fight the case in Ontario. In contrast, if you are now, as an example, in New York State, and Court is not commenced in Ontario for a significant period of time, then Court would then have to be commenced in New York State, not Ontario, as the ordinary residence will have shifted. This change in the ordinary residence is not instantaneous, meaning that it does take some time. You are welcome to call me at: 1-866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x