What rights does a Canadian Citizen have to a US baby?

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amandamix34New Member
Topic author
Posts: 2
Joined: 2 Mar 2010

What rights does a Canadian Citizen have to a US baby?

Post Tue Mar 02, 2010 7:49 pm

I am American. My baby will be born, here, in America in 10 weeks or less. The baby's father is Canadian and we are not getting along. He is saying he is going to take our baby from me. What kinds of rights does he have? Is it the same rights, as if he was an American father? I'm afraid he will take her to Cananda and I will never get her back.
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DremaniCanuckAbroad VIP
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Joined: 10 May 2009

Re: What rights does a Canadian Citizen have to a US baby?

Post Tue Mar 02, 2010 11:06 pm

He will do no such thing unless you allow him too. He cannot do so otherwise without your permission. (legally) and vise versa.

The mother has automatic custody and rights to her child unless there are other circumstances where the father would need to step in.

In a situation like this, if the baby is born in the U.S., the father would need a written letter of consent from the mother allowing him to take the baby across international borders. Without that letter, the baby goes nowhere.

You should go to court and file for full custody of your baby to avoid hassle after birth.

I hope everything works out for you:)
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agnelsonCanuckAbroad VIP
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Re: What rights does a Canadian Citizen have to a US baby?

Post Wed Mar 03, 2010 7:19 am

If anything, he has LESS rights than if he were American.

But has Drem sez, if you fear that baby will vanish, you need to take protective measures now, with legal counsel.
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elissaxoriNew Member
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Joined: 9 Mar 2010

Re: What rights does a Canadian Citizen have to a US baby?

Post Tue Mar 09, 2010 12:13 pm

HELP!!! I am a canadian citizen, married to an american citizen and we have a son together, i have no american documents what so ever and if i leave him will i get my child or will he get him because his is an american citizen? i hope someone can help me
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CalGreenCardCanuckAbroad VIP
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Joined: 16 Feb 2008

Re: What rights does a Canadian Citizen have to a US baby?

Post Tue Mar 09, 2010 1:14 pm

elissaxori wrote:HELP!!! I am a canadian citizen, married to an american citizen and we have a son together, i have no american documents what so ever and if i leave him will i get my child or will he get him because his is an american citizen? i hope someone can help me


You probably need to talk to a lawyer--or if you cannot afford a lawyer surely there are womens' centers that could help.

On the one hand it is true that mothers generally get custody but I also would not advise a parent of either gender to try to take a child across an international border unilaterally without the written approval of either the other parent or the legal system of the country they are leaving. The consequences for child kidnapping are pretty serious.

You need an advocate who can help you--the advocate will need to know the circumstances both behind your prospective leaving your husband and the fact that you have no US ID despite living in the USA with your husband/son.
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stefdNew Member
Posts: 1
Joined: 19 Oct 2010

Re: What rights does a Canadian Citizen have to a US baby?

Post Tue Oct 19, 2010 10:00 am

I am a canadian Citizen working on an L1 visa my girlfriend of a year is pregnant and we will have the baby here.... Am I eligible for U.S. citizenship through the baby
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agnelsonCanuckAbroad VIP
Posts: 2869
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Joined: 26 Aug 2009

Re: What rights does a Canadian Citizen have to a US baby?

Post Tue Oct 19, 2010 1:05 pm

Yes.... but only after the child is 21 years old.

Not the meal ticket you were hoping for....
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