Legal Question in Family Law in New York

I am an american citizen & my wife is a Canadian citizen with a perminent residence card, living in New York. If we get divorced will she be able to move our two childern back to Canada?

Asked on 8/19/10, 7:06 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

I am assuming you live in NY state.

It is tough to move kids so far from the other parent/marital residence. Her divorce lawyer would have to prove some fairly bad things about you and/or that she has a great economic opportunity there. Your lawyer will argue against it, citing the law, hopefully you get joint custody, that the kids are American citizens used to living in XXX county and lots more the attorney will argue for to prove the kids need to stay where they are used to and that ou cannot visit them regularly in Canada and anyway, joint custody won't work if they are in Canada.

I don't see it happening, especially if you get joint custody.

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Answered on 8/24/10, 7:39 pm

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