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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95904
Experience:  Lawyer
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If I was awarded custody of my two sons in 2005 then I got

Customer Question

If I was awarded custody of my two sons in 2005 then I got in trouble and was in carvers ted for six months. I was told I had to return to America, and they dropped me off at Niagara Falls. I'm now not allowed to even go into Canada and see my sons. It has been four years. One, what rights do I have as the daddy. Two, am I not to pay child support other than money I wire them? May I have visitation, and may I have custody back? I have no clue where to find help.
Submitted: 7 months ago.
Category: Canada Law
Customer: replied 7 months ago.
Also. I signed temporary custody to my ex wife when incarcerated. I'm an American.
Expert:  Legal Ease replied 7 months ago.

Is your ex-wife willing to bring the kids to the US?

How old are the kids?

Customer: replied 7 months ago.
No. She continues to stand me up. Even at Disney World! My oldest turned 18 yesterday!!! My youngest is still only 15.
Customer: replied 7 months ago.
Also, my sons have dual citizenship, right?
Expert:  Legal Ease replied 7 months ago.

What province are the boys living in? Is it Ontario. When will the 15 year old turn 16?

Customer: replied 7 months ago.
I apologize. I am not having an easy day. Chandler 8s my youngest, and he's just 11 not 16. He'll be 12 in August.
Customer: replied 7 months ago.
Born in Ontario
Customer: replied 7 months ago.
Meant not he's not 15, he's just 11. Geez. They are both still living in Ontario with the mom and her boyfriend.
Expert:  Legal Ease replied 7 months ago.

So one is 18 and one is 11?

That means that the oldest is not subject to an custody order or agreement as he is a legal adult. He can live where he wants and visit you if he wants to do so.

Yes they are both dual citizens.

With respect to you younger son, you can retain a lawyer in the city where he lives and seek an order for access. The order can also compel the mother to send or bring your child to see you in the US until the time comes where you will again be admissible to Canada.

And you should also apply for rehabilitation with Canada Immigration as soon as the required time has passed based on your offence.

And it may be that you will be able to enter Canada even before that with special permission which is granted by way of a Temporary Resident Permit. Your facts are exceedingly compelling given your children are living in Canada.

Does that help as a starting point?

Customer: replied 7 months ago.
Absolutely. I will see about a family lawyer in Ottawa, and exactly who can help me with when I'm eligible to return? The immigration line said to get an immagration lawyer? No way can I afford two attorneys. I just want my son to legally receive child support and to be able to see him. Thank you so much
Expert:  Legal Ease replied 7 months ago.
I suggest only retaining a family lawyer now and at some point in time the family lawyer may actually be able to help you with respect to some of the immigration issues but the temporary resident permit does not require you to have a lawyer. To undergo the rehabilitation process later on down the road does not require you to have a lawyer but lawyers can get that done usually a bit better and faster but for now you show direct your emotions, your time and your money to the family law issues.
Customer: replied 7 months ago.
Thank you. I seem to remember something like not able to reenter for 5 or 10 years? Just not for sure
Expert:  Legal Ease replied 7 months ago.
It depends on what the offence was but unfortunately the time runs from the time you complete your sentence so if you are on probation or parole right now the time has not started running yet unfortunately and if you are not and you have just been released from prison the time just starts running now.
Customer: replied 7 months ago.
It's been 2 years now. My half brother claimed that I intentionally burned him with a cigarette. There wasn't even a burn mark, but I couldnt afford consel. It was a railroad from the beginning because my step father, his dad, resented me due to my bond with my mom. It was a really disfunctional blended family. He is a very wealthy eye specialist who basically made my half brother say that about me. They have finally divorced so that horrible situation done.
Expert:  Legal Ease replied 7 months ago.
I am really saddened to hear that.So you will have to wait a few more years before you can go through rehabilitation but it may be possible in a while for you to be able to come up for a visit using a temporary resident permit. You should read about that online.
Customer: replied 7 months ago.
Ok. Temporary Resident Permit?! Thank you.
Expert:  Legal Ease replied 7 months ago.

And keep my name. It is Legal Ease. If you need me again just put my name into the question next time you post.

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