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  #1  
February 25th, 2011, 10:31 AM
Super Mommy
Join Date: Jun 2009
Posts: 932
I am fuming right now,
My ex husband and I have been seperated for 4yrs now, he lives in NY and i live in canada with our daughter., he agreed to it.
He cheated on me since 2weeks after we were married, including the day our daughter was born and the day our son was stilborn. I stayed with him for 4yrs thinking he would change. I came up to canada to give him a chance to get my papers, we had been saving up forever, and had $600 saved up only $400 to go.
Well he came up for his daughters birthday and told me he spent all the money on his "girl" friends birthday present!! didnt bring anything up for his daughter. So i told him I had enough, and i think we should seperated until he figures out what he wants.
He agreed.
The next month he was in a relationship.(WTH?) so i basically wrote him off, he would call whenever and has yet to send money for child support.
Last year he finally sent me divorce papers, because my fiance and I(together for 3yrs) want to get married. I signed them in nov. and sent them in dec.

Well fast forward til now, he has been talking about our daughter going down there for a month in the summer(she hasnt been there in 4yrs, he hasnt seen her in 2) and all this crap, She doesnt want to, and that has nothing to do with me, i talk to her about her dad, not in a bad way. She just doesnt want to go because she doesnt know him.

Well his cousins wife facebooked me the other day, they used to be really close, but she wanted to warn me that he has been telling everyone i took off on him with his daughter, and that I wont sign the papers, and that he is going for custody without telling me.
Can he do that?
I am filing today at the court house here for sole custoday, and the courts can serve him.
In the divorce papers it says that he will give me sole custody as long as he gets visitation up here, whenever he wants. Not a problem there. But to do this??? ***?
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  #2  
February 25th, 2011, 11:51 AM
K.A.T's Avatar Enjoying her Sticky Bun
Join Date: Aug 2010
Location: NYC
Posts: 13,499
I know that if he wanted to file for custody he would have to do it in the county the child resides in, that being that you lived in NY or even in the states for that matter. Since you guys reside in another Country I'm not sure of the rules.
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  #3  
February 25th, 2011, 01:51 PM
Rachel's Avatar Just Rachel
Join Date: Oct 2004
Location: Taneytown, MD
Posts: 114,908
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Quote:
Originally Posted by K.A.T View Post
I know that if he wanted to file for custody he would have to do it in the county the child resides in, that being that you lived in NY or even in the states for that matter. Since you guys reside in another Country I'm not sure of the rules.
I agree. Have the divorce papers been filed in NY already? I don't see how they can have jurisdiction over you and your child since you haven't lived there in 4 years, unless you consented to NY having jurisdiction.

I'm not sure how it will all work out because of the difference in jurisdictions/countries, but basically he can file anything he wants. He won't win though.
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  #4  
February 25th, 2011, 02:33 PM
Super Mommy
Join Date: Jun 2009
Posts: 932
as far as i know the divorce was filed, in NY, he sent me the papers and I took them to a lawyer to look over and i signed them and sent them back, hes had them since december and hasnt gone back to the lawyer to actually put them thru.
In the papers it says he is giving me sole custody
would it matter if the papers have been filed and I file child custody papers up here?
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