Divorce Solutions

Question #39

I reside in the Province of Ontario, Canada. My daughter, who is 20 years of age, has recently left her boyfriend for approximately three years. The relationship produced a son now about 1 and 1/2 years of age. The initial break up was initiated by the boyfriend, who sent her to Canada with a letter of authorization stating that she can take their son to Canada. The question I have is: My daughter has decided that she does not want to return to an abusive relationship (the boyfriend has been verbally abusive for most of the time they have been together in front of various witnesses) and has decided that she is safer and has more family support both for herself and her son in Canada. She has no support whatsoever in New York and does not want to go back to the abusive relationship. The boyfriend has now decided he wants her back and has been harassing her constantly. What steps can my daughter take to obtain full custody of her son, and does the boyfriend have any rights to “force” her to come back to New York and bring the baby back?

If your daughter was never legally married to her boyfriend, she would generally be automatically granted sole custody of the child. I would have to review all of the details of the relationship and any agreements or other understandings between the parties before providing any legal advice on how to proceed.

Leonard M. Weiner, Esq./Divorce Solutions