Divorce and Custody of American Child?

[look2me40 0]

I have a friend that married a Canadian man (she's a US citizen) and they had a child together who is a US citizen. Unfortunately, there were some problems in the marriage and they are getting a divorce. He only has a greencard at this point (before the 2 year period is up) and he wants to move back to Canada with the child. How would any of this work? Does the Canadian have much of a chance in getting the child? I have tried looking this up on various sites and can't find an answer.

[Udella&Wiz 325]

I have a friend that married a Canadian man (she's a US citizen) and they had a child together who is a US citizen. Unfortunately, there were some problems in the marriage and they are getting a divorce. He only has a greencard at this point (before the 2 year period is up) and he wants to move back to Canada with the child. How would any of this work? Does the Canadian have much of a chance in getting the child? I have tried looking this up on various sites and can't find an answer.

If the Cdn is a good parent - why would he not have a chance of getting joint custody in some form? I believe there are international laws or agreements between the US and Canada which allow parents to be prosecuted if they try and flee and take their children or do not adhere to a custody agreement and flee. Nothing says he can't stay in the US either and co parent here. As long as the marriage was entered into in good faith, he could very well continue on to citizenship eventually on his own.

She may wish to google international child custody laws between the US and Canada. Theoretically if both are good parents,and they can come to any sort of agreement amicably and have it written into the divorce agreement if it is consentual and follows the laws. Obviously the farther apart they live from one anotehr, the harder joint custody is to achieve.

They need to have a custody agreement in place to protect everyone involved. The US/state family court won't automatically rule that the US parent should have the child - there is no solid reasoning.

[Canadiandggal 49]

If the Cdn is a good parent - why would he not have a chance of getting joint custody in some form? I believe there are international laws or agreements between the US and Canada which allow parents to be prosecuted if they try and flee and take their children or do not adhere to a custody agreement and flee. Nothing says he can't stay in the US either and co parent here. As long as the marriage was entered into in good faith, he could very well continue on to citizenship eventually on his own.

She may wish to google international child custody laws between the US and Canada. Theoretically if both are good parents,and they can come to any sort of agreement amicably and have it written into the divorce agreement if it is consentual and follows the laws. Obviously the farther apart they live from one anotehr, the harder joint custody is to achieve.

They need to have a custody agreement in place to protect everyone involved. The US/state family court won't automatically rule that the US parent should have the child - there is no solid reasoning.

Yeah that is a tricky one and will lead them to going to court. You cannot legally leave with said child without the permission of the other parent. I do not know what state laws there are where they are or even the international laws expect that they are strict on children crossing the border. It would all depend on parenting,best for the child,distance and what the parents think. Childs age will also come into play.