Sharing Custody Across an International Border

[mybook]

I'm located in Buffalo NY and have a 2 year old daughter who lives with her mother about 40 minutes away in Ontario. I moved out almost a year ago but have kept my visits every week by either spending time there or having them come here. She wants a continued relationship with me despite us living in separate residences and I've been as agreeable as possible to avoid conflict up to this point. It's working out less and less and I need to establish my rights as she's refusing to go along with giving me any legal joint custody. I'm at the point where I'm ready to hire a lawyer but am not clear if I need to hire a canadian family lawyer as that is where our daughter was born or if I can hire one here in NY and summon her down here. I'm figuring I have to go there and hire someone Ontario based but as my daughter is a US citizen by birthright I figured it was worth getting feedback on and any other information that would be useful.

[llworking]

I'm located in Buffalo NY and have a 2 year old daughter who lives with her mother about 40 minutes away in Ontario. I moved out almost a year ago but have kept my visits every week by either spending time there or having them come here. She wants a continued relationship with me despite us living in separate residences and I've been as agreeable as possible to avoid conflict up to this point. It's working out less and less and I need to establish my rights as she's refusing to go along with giving me any legal joint custody. I'm at the point where I'm ready to hire a lawyer but am not clear if I need to hire a canadian family lawyer as that is where our daughter was born or if I can hire one here in NY and summon her down here. I'm figuring I have to go there and hire someone Ontario based but as my daughter is a US citizen by birthright I figured it was worth getting feedback on and any other information that would be useful.

Your daughter is also a Canadian citizen with Canadian residency. Canada has jurisdiction over all matters regarding your daughter. Regrettably for you, there is very little chance that a court in one country would grant joint custody to a parent living in another country. Sometimes its even difficult to get visitation ordered, but between Canada and the US things are more relaxed as the two countries do a lot of reciprocation.

[Mr. Knowitall]

If mom lives in Canada, your relationship with mom occurred in Canada, and the child has always been domiciled in Canada, then the custody case is properly litigated in Canada. You can file for a divorce in New York but, unless mom consents, the custody issues would need to be separately litigated in Ontario.

[llworking]

If mom lives in Canada, your relationship with mom occurred in Canada, and the child has always been domiciled in Canada, then the custody case is properly litigated in Canada. You can file for a divorce in New York but, unless mom consents, the custody issues would need to be separately litigated in Ontario.

Even if the child might have been conceived in the US, Canada would still have jurisdiction of the case because that is where the child was born and is where the child resides. Even if mom and the child moved to the US, Canada would still have jurisdiction until the child had been living in the US for two full years.

[Mr. Knowitall]

Nobody mentioned either where the child was conceived, or that it would change anything. Beyond that, you're simply expressing agreement that if the child has resided in Canada her entire life, as the original post suggests, Canada has jurisdiction.

[llworking]

Nobody mentioned either where the child was conceived, or that it would change anything. Beyond that, you're simply expressing agreement that if the child has resided in Canada her entire life, as the original post suggests, Canada has jurisdiction.

I did not want the OP to misunderstand your comment about the relationship taking place in Canada and thinking that he would have a chance of claiming US jurisdiction if the child could have been conceived in the US. People have grasped at thinner straws.