(Untitled)

jsharkk · June 2013

dannie2011 · June 2013

sabrina69barnes:
Take this with a grain of salt. My mom had a friend who had a daughter who was an american but married a canadian and moved to canada after they were married. Their children were born there. They divorced. The daughter wanted to move back to the US but she wasn't legally allowed to take her kids since they and their father was a canadian citizen and he didn't want them to leave. She couldn't even take them on a visit/ vacation without his permission. If a mom can't take her kids back to the US It seems very unlikely that a grandmother would be able to do anything.

That is because where the kids live and where they divorced/established custody gets jurisdiction.

That is why I said not to go back to the US until she has custody papers, and personally I would not take her back at all.

Nineoceans · June 2013

Holly_1007:
From my understanding grandparents rights are a very new thing.nbsp; The grandparents must be able to prove that they were an active part of the childs life and it is in the childs best interest for the grandparents to remain in the childs life actively.nbsp; If I were in your position I would consult with an attorney in your area just to give you an idea of what might happen if things dont work out with you and your boyfriend.

This but unfortunately we just lost a portion of custody to grandparents because Bm testified on their behalf. So if one parent agrees you are in a sinking boat depending on your state of course.

If you are unmarried I would be concerned as you can only petition for gparents rights in almost every state if the child's birth parents are not married to each other. I would not take it lightly.

Get an attorney and my unofficial legal advice although Im sure I will get flamed for it is to move further away from her an establish a life as far away as possible so if and when she files she has no leg to stand on.

We had to give up a week in summer and one weekend a month. No big deal in theory except SS has a lot of problems, shocker, and he is failing school and mandated to summer school well the grandparents are taking their week right in the middle of these courses and he will miss one sixth of the curriculum. If he does not pass the standardized test at the end he will not move on to the next grade.

The grandparents said they didn't care and they will make sure to "teach him a lot" during their week of vacation. So what I'm saying is the only kind of grandparent who would take a child away from two coparenting bio parents are idiots and are doing it for their own need to control, not for the benefit of the child. These are the type of people I would run away from. Like....run as far away from as possible while you have the chance.

Nineoceans · June 2013

JNL$LSM:
Nineoceans:
Holly_1007:
From my understanding grandparents rights are a very new thing.nbsp; The grandparents must be able to prove that they were an active part of the childs life and it is in the childs best interest for the grandparents to remain in the childs life actively.nbsp; If I were in your position I would consult with an attorney in your area just to give you an idea of what might happen if things dont work out with you and your boyfriend.

This but unfortunately we just lost a portion of custody to grandparents because Bm testified on their behalf. So if one parent agrees you are in a sinking boat depending on your state of course.

If you are unmarried I would be concerned as you can only petition for gparents rights in almost every state if the child's birth parents are not married to each other. I would not take it lightly.

Get an attorney and my unofficial legal advice although Im sure I will get flamed for it is to move further away from her an establish a life as far away as possible so if and when she files she has no leg to stand on.

We had to give up a week in summer and one weekend a month. No big deal in theory except SS has a lot of problems, shocker, and he is failing school and mandated to summer school well the grandparents are taking their week right in the middle of these courses and he will miss one sixth of the curriculum. If he does not pass the standardized test at the end he will not move on to the next grade.

The grandparents said they didn't care and they will make sure to "teach him a lot" during their week of vacation. So what I'm saying is the only kind of grandparent who would take a child away from two coparenting bio parents are idiots and are doing it for their own need to control, not for the benefit of the child. These are the type of people I would run away from. Like....run as far away from as possible while you have the chance.
WHAT!?!??!?!?! The courts were ok with the kid being taken out of summer when they are require to be there.
Also, I know most summer schools do not allow students to miss days in summer school. They suck the courts suck, I do not think Grandparents should have rights. YEAP I said it, unless there is something wrong with the parents. BUT to have parents and there time with the child is being decreased because of Grandparents time is bull.
I am not trying to be MEAN, but what can they teach him? School has change since they were there.

Our attorney said we can choose to not allow them to pick him up in which case we are in contempt of court and have to answer those charges. he thinks we would win but we are done fighting and we clearly have a moron judge

For school yes there is a good chance he will just be kicked out because it is mandatory participation. My ILs and Bm are pretty much the most selfish spiteful people in the world. I'm pretty confident they're only taking him out to upset us but you know the only loser is SS in the end.

Schrodinger · June 2013

dannie2011:
First thing do you have Sole Custody?
If not and I probably will be flame for this but do not take your daughter back to the US. The US does not recognize dual Citizenship, when you take your daughter to the US her Father can prevent you from taking her back to Canada. As easy as calling the US border. They will see her as an American only. This is not an exaggeration, I'm a Canadian with 5 kids living in the US, and have spoken to many lawyers, on both sides of the border and researched the crap out of this.
Once you have your Custody papers filed in Ontario, the US should honour the Ontario Courts ruling. This is part of the Hague Convention, prevents International child abductions. As for the grandparents in Ontario they have no rights atm, so get that custody paper filed.
Without custody papers filed the grandparents can really screw you over in the US. Parents are separated from their children all the time they won't care if you can't stay in the US legally. They can prevent you from ever taking her back to Canada. It has happened many times. I'm a member of an Immigration forum and ppl are always coming and trying to get help and these poor ppl are losing their kids. Some countries it is next to impossible to get a visa to even visit their child.
As for having dual citizenship as you are not married the laws vary, your boyfriends age at the time your daughter was born is an important factor. For her to get Consulate Report Birth Abroad you would do this in Toronto.
Do not for one minute that they can't take her away from you, if you do not have those court papers they can. A US court is very unlikely to allow a USC child to be taken from the US.

This is solid advice. Especially the part about the US not recognizing dual citizenships. I agree that until you get paperwork in place stating that Ontario has jurisdiction, do not let the child cross the border into the US.

dannie2011 · June 2013

Another thing I want to mention, you can set up your BF with visitations and stipulate that the child is not to be removed from Canada.

I know the US and Canada are both members of the Hague Convention and will follow the laws, but that doesn't mean they can't keep her from you in the US until a lot of money is spent to fight it.

I know it most likely won't get that far but if the grandparents are already starting to cause problems I would not trust them.

Let them visit in Canada, do not take her to the US. Then can and have stopped mothers from leaving with their children, when the father does not agree to it.

jsharkk · June 2013

Thank you VERY much everyone. I will NOT be returning the US and I will get in touch with a lawyer.

"Grandma" had her kids taken away in Florida and has a couple assault charges under her belt so I doubt the court would award her ANY rights.

Had I known what type of family I was getting myself into I would have run. As soon as I can I will be moving as far away as possible!

dannie2011 · June 2013

tifanico:
Schrodinger:
dannie2011:
First thing do you have Sole Custody?
If not and I probably will be flame for this but do not take your daughter back to the US. The US does not recognize dual Citizenship, when you take your daughter to the US her Father can prevent you from taking her back to Canada. As easy as calling the US border. They will see her as an American only. This is not an exaggeration, I'm a Canadian with 5 kids living in the US, and have spoken to many lawyers, on both sides of the border and researched the crap out of this.
Once you have your Custody papers filed in Ontario, the US should honour the Ontario Courts ruling. This is part of the Hague Convention, prevents International child abductions. As for the grandparents in Ontario they have no rights atm, so get that custody paper filed.
Without custody papers filed the grandparents can really screw you over in the US. Parents are separated from their children all the time they won't care if you can't stay in the US legally. They can prevent you from ever taking her back to Canada. It has happened many times. I'm a member of an Immigration forum and ppl are always coming and trying to get help and these poor ppl are losing their kids. Some countries it is next to impossible to get a visa to even visit their child.
As for having dual citizenship as you are not married the laws vary, your boyfriends age at the time your daughter was born is an important factor. For her to get Consulate Report Birth Abroad you would do this in Toronto.
Do not for one minute that they can't take her away from you, if you do not have those court papers they can. A US court is very unlikely to allow a USC child to be taken from the US.

This is solid advice. Especially the part about the US not recognizing dual citizenships. I agree that until you get paperwork in place stating that Ontario has jurisdiction, do not let the child cross the border into the US.
The US doesn't encourage double citizenship which is something totally different than saying it doesn't recognize it.
It is far more important what court has the jurisdiction of the case. If you have any CO from any country, they will let you take the kid out of the country.
DD was born in the US and didn't even have the dual citizenship back then, I pleaded my case and I was not only allowed to take her out of the country but I have primary physical custody.
I do however agree with the PP when she says not to let the baby in the US before establishing jurisdiction in Canada. That will save you a lot of hassle.

I just want to clear this part up. The US does not encourage it and it does not recognize dual citizenship, they are aware it happens but they Do Not Recognize it. I am a dual Citizen the US will only ever see me as an American even though my birth country is Canada. I have dual Citizen children and if I ever showed up at the border and told US CBP that I was a dual Citizen I would be read the riot act. They actually get pretty pissed.

Sorry back to topic, Yes get jurisdiction in Canada, do not go back to the US with your child until your papers are iron clad. Yes Tiff got to take her daughter back to her home country but this is rare. I have seen many women and some fathers get the short end of the stick.

As for not allowing the child to enter the US since you are dealing with Canadian courts it will most likely be something the courts will do. Canada is very sticky about kids being taken out of the Country.

Here's another question, do you see your BF and you going down the road of Immigration? Canada has a common law application you can petition for him to live with you or you two can Marry if the on and off again thing is just because of stress from living apart. I mention common law part first as if you two are having trouble this way would be better to figure out before a wedding. That is if the only problems are distance and his family.

jm22jm · June 2013

Lord there are some ignorant opinions on this board:

https://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

Want a personalized experience?

(Untitled)

Re: (Untitled)

Choose Another Board

Search Boards