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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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My adult son with disabilities is both a US citizen and a recent

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My adult son with disabilities is both a US citizen and a recent Canadian citizen. I live in California. His father has been granted guardianship in Canada. My son is now in California with me of his own free will the free will of his father who sent him willingly to me. Is that guardianship legal in the US?

As a general rule, the any state of the United States will recognize the acts of a foreign country. The exception to that rule is where the court order of the foreign country is based on some theory of law that is contradictory to the laws of the US.


For example, some countries will automatically grant custody of children of divorcing parents to the father, regardless of the best interests of the children. As the US courts are required to address the best interests of the child in determining custody, such a foreign order would not honored by the US.


Here though, based on the facts as you have stated them, there does not appear to be anything contradictory to US laws. Additionally, US and Canadian laws are often rather similar. In short, there is no reason to suggest that the Canadian order would not be considered valid here.


Please let me know if anything requires clarification.


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