Custody Agreements

[CdnMN 0]

I spoke to someone at DOS regardingthe process for bringing my son here.

One of the questions I asked was "How does the wording of our custody agreement need to be done? Can it still state we have joint custody providing I have a letter from my son's mom stating she has given permission to move here with me?"

I was told that they didn't care about the custody agreement and all I needed was a notarized letter from my ex that she was allowing my son to come and live with me.

To me, this just doesn't sound right. I don't want to go into the interview in Montreal and have my son's visa denied because of this.

Does anybody have any info on what needs to be stated on a custody agreement. Will Montreal want to see this? I need to find out so that I can get this straight with my ex and arrange for the court to process a new custody ammendment to out divorce if necessary.

Thanks.

CdnMn

[LiLMermaid 2]

I spoke to someone at DOS regardingthe process for bringing my son here.

One of the questions I asked was "How does the wording of our custody agreement need to be done? Can it still state we have joint custody providing I have a letter from my son's mom stating she has given permission to move here with me?"

I was told that they didn't care about the custody agreement and all I needed was a notarized letter from my ex that she was allowing my son to come and live with me.

To me, this just doesn't sound right. I don't want to go into the interview in Montreal and have my son's visa denied because of this.

Does anybody have any info on what needs to be stated on a custody agreement. Will Montreal want to see this? I need to find out so that I can get this straight with my ex and arrange for the court to process a new custody ammendment to out divorce if necessary.

Thanks.

CdnMn

All you need is the notarized letter giving permission from the father. Joint custody is quite common nowadays. We have joint custody as well but it also states the children reside with their mother and the father has visitation. The only way a court document would make a difference is if your ex wouldn't give you permission and you had a judge overrule. You need your ex's permission or a judge's. I had it written into our final agreement but he is also going to give me a notarized letter because that is what they specifically ask for.

[Flames9_RN 358]

On the other hand---I belive others have it it written as sole custody, (whatever the terminology is) and the consulate still wanted a notarized letter from the other parents giving their permission!!

[sdw 10]

I have joint custody with my ex husband. I sent in my custody papers as well as a notorized letter from him giving permission for me to move our kids to the US.

I got an RFE at NVC for both.

Edited December 16, 2009 by sdw

[CdnMN 0]

Right now, according to the custody agreement, my ex has sole custody. It's has never been an issue as we can get along.

We were considering just leaving the custody agreement as it is. (Why pay lawyer/court costs if we don't need to).

My ex will give a notarized letter stating that she agrees with my son moving here.

We were both concerned that if the custody agreement still said she has sole custody, either the interviewer at Montreal or the officer at the POE would cause trouble if all we had was a signed letter. We weren't sure if what is stated in the letter needs to be in agreement with what is stated in the custody agreement.

If we can avoid having to go through a lawyer and court to make an unnecessary change, that would be great.

[NArocks 13]

All my letter said was the mom gave permmison for the boys ( one for each ) to immigrate permantley to the US. No prob what so ever at the boys interview and the letter passed NVC.

[trailmix 77]

Divorce and Child Custody Records link

To prevent international child custody disputes, in cases where a divorced parent wishes to have his minor child immigrate to the United States, U.S. diplomatic offices in Canada will request original or court-certified copies of court orders regarding child custody arrangements. Such documents should specify that the parent has “sole custody” of the child. If a divorced parent does not have court-granted sole custody, U.S. diplomatic offices in Canada will request written, notarized consent to the child’s immigration from the other parent.

[CdnMN 0]

Thanks to all.

I'll pass this info on to my ex. We'll both be happier knowing there isn't any need to deal with a lawyer. (Actually, when we divorced, we just brough in a draft of what we agreed to and handed it to the lawyer and said "This is what we want".)

[LiLMermaid 2]

On the other hand---I belive others have it it written as sole custody, (whatever the terminology is) and the consulate still wanted a notarized letter from the other parents giving their permission!!

Exactly my point. Sole or joint...it doesn't matter. They want that letter.