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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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I am an US citizen and my baby and her Mom live in Canada

Customer Question

I am an US citizen and my baby and her Mom live in Canada and my baby was born there. My ex is mentally unstable ( not making this up or judging) she was committed yesterday for a day because she starts to pound her head into the wall. Can I just go get my baby...she only has a passport but will probable be difficult to get? My baby is 4 months old.
Thank you.
Submitted: 11 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 11 months ago.

Was this baby born during marriage and is their a custody order?

Expert:  Christopher B, Esq. replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If you are the father of record and are listed on the birth certificate you have as much right to the child as the mother and you should be able to take custody of the child. If there is a custody agreement with the court then you will probably not be able to take custody unless the order mentions that you can do it in this type of circumstance or if there is no other person to take care of the child. You will likely be able to take care of the child according to the custody order anyway if your ex is in an institution, the only complication is that the child is in a different country. If the child was born outside of marriage then there will also be complications as you will need to prove that you are the father even if you are listed on the birth certificate.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 11 months ago.

Just checking back in, do you have any further questions?

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