Can my wife take my child who is a dual citizen and go back to Canada?

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Can my wife take my child who is a dual citizen and go back to Canada?

Does the law obligates her to keep my child in the USA? Can we share custody? We are a Canadian family – my wife, 20-month old toddler who was born in the US, and myself. The marriage was performed in Canada. We all currently lives in the US under a work visa. I want to file for divorce and at the same time continue working in the US; I’m not planning to go back to Canada for now.

Asked on May 8, 2012 under Family Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you file for maritial dissolution in the United States, the court in the county of this country will have jurisdiction over the dissloution and all child custody issues.

Potentially if you file for maritial dissolution in this country, the court will allow per an order your wife to return to Canada to reside with your child. In the interim, I suggest that you consult with a family law attorney about the child custody issue that you have written about.


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