Yucaipa, CA asked in Child Custody, Divorce and Family Law for California

Q: Can my Canadian husband legally force me to put our soon to be born baby on an airplane to go visit him in Canada?

I am a US citizen living in the US and my husband and I married in Canada and he moved down here with me to begin immigration papers to become a US citizen. I became pregnant a few months later and then he left me and flew back to Canada. Can I be legally forced to put our baby on an airplane for visitation in Canada?

1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: I am assuming you are in California and the baby will be born in California, for the purposes of answering this question. He cannot legally force you to send the child to Canada for visitation barring a court issuing such an order. I do not know about Canada, but I am pretty sure that California would not issue such an order under the circumstances you described.

To protect yourself you should consult with a family law attorney in your local area to work on establishing paternity and custodial rights; and setting the jurisdiction of those issues in California. You do not wait until the child is born to do so, but get help doing it.

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