Custody across borders (Italy, Canada, USA)

[cverstraelen]

My son was born in Italy and his father is Italian. We were never married and separated when my son was 1 year old because the father was abusive to me- among other reasons. I moved back to the United States. The father does not pay child support. However, I allowed him visitation with my son for 2 consecutive summers.
Now I am married and my husband is financially responsible for my son. He would like to legally adopt my son. My husband is Canadian and we will be moving there. He will be sponsoring my son and I, and it will take about 2 years for us to become permanent residents.
Giving the circumstances, I believe the best thing for my son is for my husband and I to have full custody. Where do I begin in this process? Can I apply for custody in Canada? Or must I do it in the States? What if the biological father is not cooperative? Can my husband adopt my son?
Thanks for your help.

[AFFA]

I wish to inform you that your son was born in Italy and presently residing in the United States. Your husband is Canadian and he intends to adopt the child. Italy, USA and Canada are signatories to the Hague Convention, therefore, the laws of all three countries will be considered during the adoption process of your son by your husband. In the case of USA, the laws of your state will also be considered. In this the Hague Convention adoption process will be followed. As the child has to be adopted and moved to Canada, you may contact the Central Adoption Authority or the Adoption Authority of the province of your husband for further guidance on the process.

AFF

[Friend In Court]

Originally Posted by cverstraelen My son was born in Italy and his father is Italian. We were never married and separated when my son was 1 year old because the father was abusive to me- among other reasons. I moved back to the United States. The father does not pay child support. However, I allowed him visitation with my son for 2 consecutive summers. Now I am married and my husband is financially responsible for my son. He would like to legally adopt my son. My husband is Canadian and we will be moving there. He will be sponsoring my son and I, and it will take about 2 years for us to become permanent residents. Giving the circumstances, I believe the best thing for my son is for my husband and I to have full custody. Where do I begin in this process? Can I apply for custody in Canada? Or must I do it in the States? What if the biological father is not cooperative? Can my husband adopt my son? Thanks for your help.

The process will be determined by which jurisdiction you are living in at the time. In order for your husband to do a stepparent adoption, the biological father will have to voluntarily surrender his parental rights or have them terminated by the court.

Generally speaking, stepparent adoptions are approved when it appears the marriage is stable, there has been an ongoing relationship with the child, the stepparent is willing to grant all rights to the child as if his natural child, including rights of inheritance (regardless of whether the marriage lasts or not).

But the legal procedures and process will be determined by where you choose to file. It would be best if the bio father voluntarily surrentders his parental rights, though, no matter where you file.

[richard2012]

I think you have a battle to fight for long, Child custody cases that involve two or more countries can be some of the saddest and most complicated of legal matters for all involved parties,While most custody cases are, in theory, supposed to be resolved in the best interest of the child, international cases can differ due to the many different laws that exist all over the world, the news source reported.

[cverstraelen]

Thank you for your responses.

I have contacted a lawyer who will be working the case for me. As far as the bio father is concerned, if he does not give consent I feel that I can build a case against him that would cause a judge to overrule him. He was abusive to me when we were together- he has also failed to help provide for my son for the past 4 years. He is difficult to get in contact with and does not play and active role in my son's life. My husband, however, is a dedicated father and provides for my son and I. He has worked hard to develop a close relationship with my son- and my son calls him "Daddy". He wants to give full rights to my son and give him Canadian citizenship. He has payed for medical expenses and schooling bills and shown himself to be able to care for my son where the bio father does not. Putting emotions aside, I think a judge would be able to see the situation for what it is and rule that my son will have a much happier life with my husband and I. It is important for us that we resolve this as soon as possible, because we will have to be separated until the courts make their decision. My husband begins his job next month working for the provincial government of BC and we will be appealing to the courst in Pennsylvania where my son and I are residents.

[Friend In Court]

With paternity never having been established as it must be by the courts, DNA testing the only conclusive proof of paternity, you may have an easier time than you think having your husband adopt your child.

Talk with your lawyer about this, listing the father as "unknown". Since the bio dad has not taken the necessary steps to prove paternity, is not active in the child's life and apparently does not want to be, he should have no objection. If it were me, I would so advise him to either step up and prove paternity or else I will be applying to have my husband adopt the child -- 'father unknown.'

With the pattern you say he has shown, odds are in your favor he will say, "go ahead." "I have no objection."

That way you will not have to deal with a paternity action first, then termination of parental rights and would be free to go forward with the adoption.