Tweet
Cross border custody dispute:
Thanks in advance for any information you can offer. There is a great deal of information out there for parents of a child over the age of 21 or for children but I have been unable to find anything at all on a parent of a child under 21.
Background:
The mother of the child has dual citizenship Canada and US. The child lives in US 8 weeks and Canada 9 weeks but will be enrolled in school this September. There is currently a case in court in Canada to determine where the child will live. We are very optimistic that she will continue to reside in Canada as there has already been one case where she has been denied relocation to the US but refused to move back and given that she had been keeping the child from the father at the time we were advised that we needed to settle with her in order to establish a pattern of care before going in front of the courts again. So we want to know where we stand should the child be allowed to be relocated to the US. Our family law lawyer does not have much knowledge of immigration law and with $100,000 already spent and another $100,000 soon to be spent an immigration lawyer just isnt possible until we know we will require one if she is allowed to move her.
The father does not have dual citizenship and the child is not over the age of 21 so the usual does not apply. If the child is allowed to be moved to the United States then the mother will move for the child to also have dual citizenship. The father has no intention of being away from the child but cannot work or live in the United States. Once the child is granted citizenship to the United States is it possible for him to get citizenship as well where he can work? The mother sponsoring him is not an option. He also doesnt fit into the category of having a child born in the states and the crackdown that has been happening there. There just isnt enough information on how that works for a parent that has a child living in the states as a citizen but wasnt by intent on gaining citizenship.
Thanks again.
Thanks in advance for any information you can offer. There is a great deal of information out there for parents of a child over the age of 21 or for children but I have been unable to find anything at all on a parent of a child under 21.
Background:
The mother of the child has dual citizenship Canada and US. The child lives in US 8 weeks and Canada 9 weeks but will be enrolled in school this September. There is currently a case in court in Canada to determine where the child will live. We are very optimistic that she will continue to reside in Canada as there has already been one case where she has been denied relocation to the US but refused to move back and given that she had been keeping the child from the father at the time we were advised that we needed to settle with her in order to establish a pattern of care before going in front of the courts again. So we want to know where we stand should the child be allowed to be relocated to the US. Our family law lawyer does not have much knowledge of immigration law and with $100,000 already spent and another $100,000 soon to be spent an immigration lawyer just isnt possible until we know we will require one if she is allowed to move her.
The father does not have dual citizenship and the child is not over the age of 21 so the usual does not apply. If the child is allowed to be moved to the United States then the mother will move for the child to also have dual citizenship. The father has no intention of being away from the child but cannot work or live in the United States. Once the child is granted citizenship to the United States is it possible for him to get citizenship as well where he can work? The mother sponsoring him is not an option. He also doesnt fit into the category of having a child born in the states and the crackdown that has been happening there. There just isnt enough information on how that works for a parent that has a child living in the states as a citizen but wasnt by intent on gaining citizenship.
Thanks again.
