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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I (mother) am a US citizen (Michigan). The father is a

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I (mother) am a US citizen (Michigan). The father is a Canadian citizen. We were never married. My child was born in the US. I reside in the US with my child and the father has every other 2 weeks for visitation. There is no court order. What country would have jurisdiction for custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. That would be the US, under both the Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The home state and country of the child is where the child is "habitually resident" (meaning actually living there, not visiting). So it does not appear that Canada would have jurisdiction.

That being said that would still need to be brought up to the court in Canada that there is no jurisdiction, that the case would need to be brought in Michigan. So even though it would not have jurisdiction to hear the matter, it could still attempt to make a ruling on the matter (especially if the father has lied about the situation and said that the child is a resident of Canada). That being said, you need to contact an attorney in your area that deals with child custody cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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