[fiesole11]

I had a baby at the end of April in NY State. The father of the baby is not on the birth certificate. I lived alone and decided to moved back to Canada in May in my parents house to help with the baby because all the stress he caused me I had an emergency C-section due to toxemia. I am still recovering from surgery. I am both American and Canadian and so is my child. He sign a hand written note stating he wants nothing to do with the child and signed over his paternity rights. If it wasn't bad enough that he abandoned me, not offered help, and abandoned the baby too he's now wanting paternity and is seeking a court ordered paternity test. Does a judge have jurisdiction from NY state? Does he have any rights since he signed over his paternity rights saying he wants nothing to do with the child? Do I have any way to stop this?I need as much info as you can help with. Thank You.

[JudyKayTee]

I have never heard that stress causes Toxemia - just looked through the Internet and can't find that it does. That's what your Doctor told you?

At any rate, he can't waive his rights to the child. He can't waive his right to visitation and/or custody and he can't waive his obligation to support the child.

Yes, if you just went back to Canada he can file in Canada - he needs to file where YOU reside.

I am not certain how dual citizenship works but it is not pertinent here.

The Court will order paternity testing, review the evidence, award custody/visitation, child support if you ask for it.

[fiesole11]

1)Toxemia/ Preclampsia is hypertention brought on by stress. He is abusive and my placenta tore and most pregnant women when admitted in an emergency situation both mom and the baby either die or are in a coma. I was in the hospital for almost 2 weeks and the baby was in a special care nursery for 3 weeks.2) The child does not reside in the country and has every legal right to live in Canada. So her dual citizenship is a factor for jurisdiction. 3) He signed his rights to the child over to me. He adbicated his right to the baby he abandoned. SO can I have a real answer from someone who knows what to do.

[Fr_Chuck]

Really no citizenship is not a issue, only if you want to say it is. Where the child resides is the issue, once you and he have lived long enougn in your province to establish residency, then you can file in that court. If you have not lived there long enough to establish residence then you have to file in the area where you last had legal residence.

That is what determines which court.

And his written note is almost worthless, you can show it to the judge who may use it to consider his desire to help.

In general you have not even proved he is the father legally.
So you have to get a DNA test, file for custody

He can still come back and file for visits, and file for other rights.
You can and should file for child support.

You seem not to understand, he can't just sign his rights over to you, that paper is basically worthless. If it was not done though a custody agreement in court, signed by a judge, it is merely a paper that shows at the time he did not

So it appears you only want a answer you like, does not work that way, you get the way it really works.

So time to do it right in court,

[cdad]

If you had the baby in the US and you left the country without notifying the father then that is considered kidnapping. You not only crossed a state line you crossed an international line. If the baby was born in NY and you haven't lived in Canada long enough to qualify as a resident ( in many cases 6 months ) then he can file in NY and you can be forced to give up the child should he win full custody. By writing out a piece of paper and signing it it doesn't really matter because its not a valid legal document. So unless there are some things you left out NY would have jurisdiction assuming the child was born there.

[ScottGem]

SO can i have a real answer from someone who knows what to do.

I really get tired of people who ask for help then tell the helper they are wrong. If you know enough to tell the helper they are wroing, why are you asking the question in the first place. The fact, is that Judy was nearly 100% right in her response to you

1) "The causes of Toxemia are not known, and it is not possible to screen for Toxemia prior to pregnancy." See: Toxemia in Pregnancy - Pregnancy Complications

2) "The concept of dual citizenship means that a person is a citizen of two countries at the same time. Dual nationality laws and policies depend on each country. The U.S. Government recognizes that dual citizenship exists, but does not endorse it as a matter of policy because of the problems that it may cause. Dual citizens owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. There may be a conflict with the U.S. laws, which may cause problems for the dual citizen. Additionally, dual citizenship may limit the United States Government's efforts to assist United States citizens abroad." See: Dual Citizenship, Us Dual Citizenship, Us Canada Dual Citizenship, Dual Citizenship Usa, American Canadian Dual Citizenship

This means that the child may be subject to US laws.

3) The paper he signed has NO legal standing. In both the US and Canada only a court can terminate paternity. Just signing some paper does NOT do it. The only value that paper has is to show that at some point he didn't want to have anything to do with the child. But the time here is short. The baby is only about a month old. Changing one's mind after such a short time it not likely to weigh heavily against him.

Also, since you have only been back in Canada for about a month, its very possible a NY court can claim jurisidictiuon and you will have to go to NY or he may be awarded a default judgement. You can try to fight this, I really don't know enough about what Canada would do in such a case. I would think they would allow a paternity test to be done, but not sure what else.

The point is depsite the paper he signed, the father does have rights. I think, he can get visitation if he goes to court for it.

Whether you like this answer or not, is not really an issue. But I fiormly believe that I have stated the covering legal issues and my interpretation on how they will apply is very accurate.

[rookie231]

You may abdicate your Throne, but not your rights to a child.

[JudyKayTee]

Not to defend my answer (which I believe stands on its own) but OP said that after the baby was born she moved BACK to Canada. I, therefore, "assumed" that she is a resident of Canada and had temporarily been in the US.

And we all know what happens when you presume.

Otherwise - another case where I wonder how someone who apparently knows everything got herself into this position in the first place.