Single Mom With Joint Custody, Wanting to Move Out of Country?

[xnmd1]

Does any body know anything about the process she would have to go through? I'll tell you as much about the story as I know.

My best friend from school moved to the USA (i'm in Canada), about 5 years ago. Dated a guy while she was there blah blah blah .. long story short they have a 2 year old daughter, but they are split up.
They were never married, were both really young when she got pregnant.

When they split up they never went to court about custody, they just made an agreement amongst each other that her daughter would spend 2 nights a week with him, the rest of the time with her.

Since having her daughter, her entire family has moved back to Canada (except for her and her daughter) ..she is there alone and wants to come back here. but has no idea where to start to make it possible for her to do so.

She's already told him that her daughter could go stay with him for holidays, and for a few weeks over the summer etc and he wont agree to that period. and says he will fight her tooth and nail to make it not possible for her to come home. And that she's even told him he would not have to pay her child support anymore because she would have enough support here from family

She says that in her state "it is presumed that an unwed mother has initial custody regardless of whether both parents are listed on the birth certificate or have signed a formal acknowledgment of parentage."

Does anyone know of the process she would have to go through in order to move herself and her daughter back to Canada? (She is a Canadian citizen, her daughter is not)

Right now she does not even know if she'd be allowed to cross the boarder with her daughter, even for a visit.

She said she's willing to spend as much money on lawyers as is needed etc,etc.

I'd like to find out any information i can to help her out
so if you know anything, thanks in advance.

 

[lal]

I don't know about the laws for moving out of the country, but I know that in my state (Kentucky), they would have to go to court, she would have to prove that the child would be better off if they moved, and make reasonable accomodations for him to visit (I'd say if he didn't have to pay child support he'd have funds to visit, and it sounds like she's offered that). And her family being in Canada would probably be a "better for the child" idea.

 

[lou_w34]

Hmmmmm, well, from what i can gather from some of the American ladies on here is that you are not aloud to move a certain distance away, as it will hinder the childs relationship with the father. Thats if i remember correctly though.

Here in the UK, (if the father is named on the BC) you need the fathers permission to leave the country for more than 3 weeks, so would need his permission to move away (to anywhere outside the uk, anywhere in the UK is fine.)

However since they have no legal agreement about custody, it could mean that she can move as she pleases, it quite complicated and you may get a few different answeres!!

Hopefully someone better will come along and you give you some better advice!

xxx
xx

 

[xnmd1]

Exactly. She thinks she would be much better off (and I agree with her), because at the moment, she is there alone, with no family, living by herself, working 2 jobs to support herself and her daughter. If she moved back home her grandmother (who rents out realestate) has already offered to allow her to stay with her daughter in a beautiful home rent free, so she could have the opportunity to go back to school & be more qualified for a better job ... thus she would be able to better provide for paige (her daughter)

She's really stuck where she is now .. and there's so many more options here. And more then once she's called me and had a good cry about how Piage is such a wonderful little girl and she feels guilty that she can't afford to give her everything she wants.

and she never wants to keep paige from her dad and would never stop them from seeing one another, she just really wants to be home with her family

 

[aliss]

She will need to go through a lawyer.

Yes, technically, she is the only parent as an unwed mother BUT the father can compel the courts to be named the legal father (which depending on the state may or may not have already occurred). From there, the father could force her to bring the child back to the United States. The US/Canada are linked through the Hague - Canada *will* enforce US immigration orders to deport the child (this I know, as I work for the RCMP here in Canada and have been involved with a few of these although those are mostly from California). If it was a country like India, for example, she could probably disappear.

So yes, lawyer, there's no other way around it. Even if he was to comply with everything she wanted, he could still turn around and change his mind. Good luck!