What about our child?
We have been married for 5 years. We have a child that is 2 years old. She is very close to me rather than her mother. Her mother and I have decided to go separate ways. We both are ready to begin the divorce. But the part that concerns me is about our daughter. We both don't want to lose her. Her mother is not very well educated and does not have a job. And I am doing good with my job. However, my wife's current boy friend to whom she will marry soon, is a well settled man from Canada. Can I get custody of my child and have her live with me?
That is a great and very important question, Dan. Sorry about your divorce, but it's good for you to step up and find out about what can happen with your child. You should call your local courthouse to ask this question, because there are steps in place to keep children with their current situation, or the status quo. If either parent wishes to relocate AFTER a divorce, they can certainly negotiate the terms with the other parent and bring that information to court and modify the custody agreement.
Maybe she can stay with Mom in the summer or on holiday breaks. But since Mom wants to make the move, she should be responsible for the travel costs. Make sure you mention this in your hearing.
However, if one parent insists on bringing the child far away from the other parent, then the courts would likely frown upon it, unless there is a really good reason, such as the parent's company relocated, there fore the employee must also, without reasonable chance to have similar employment in the area where the child resides.
If this will be negotiated AT your divorce hearing, then an interpreter will probably be provided for your wife. Get some free consults to begin the process of finding out what laws can help you. Use our attorneys page or your state page for lots of resources. And see the custody and relocation page for more info on that topic.
No parent can just take a child into another country or even move out of state without consent from the other parent or a court order allowing it.
Best of luck to you.
Jennifer here, letting you know that you can ask any legal question online for free using Avvo. It's a great service that I am happy to recommend, and I don't even get paid for telling you this! You will see this box on EVERY page of the Real-Divorce site because that's how important it is!