Custody question (USA)

[awor]

I know no one is a lawyer (or at least the lawyers aren't going to give free legal advice!!), I just need opinions.

If you missed my other thread, I had tried contacting my ex to get permission to immigrate with my 2 older kids. He refuses to respond, and none of his family will respond either. No surprise. We haven't heard from him in 13 years. No, I cannot have his parental rights taken away, the state won't allow it unless my husband were to adopt them (this is faster).

So I am in the middle of doing the paperwork to do a custody modification. I have full legal and physical custody, but he has visitation so I need to remove that. I'm 99% certain he won't file a response and it will default to me, giving me what I need to take the kids over the border.

What I'm here to ask about is the wording I'm using. I would like some "expert OPINION" on my wording, if you think it will be sufficient in the eyes of CIC. This is the wording Idaho (the state I had to modify custody in) requires - mother, father, etc.

Legal Custody.
Mother will retain sole legal custody including being allowed to move across state and international borders, and obtain legal permanent residency in any foreign countries for the children, without needing to notify or ask the permission of the father.

Physical Custody.
Mother will retain sole physical custody, including being allowed to move across state and international borders, without needing to notify or ask the permission of the father.

Visitation/Parenting Plan.
Change as follows: The father shall have no custody, and no parenting time or visiting, of/with the minor children, by any means: phone, email, internet, in person, or any other method, until they are of the age that this order is no longer valid.

I will not (can't) hire a lawyer for this, they want $6000 for the same thing I can do for the price of printing and the filing fee and having my ex served.

 

[steaky]

If you think you can do it without lawyers, then try to do it yourself.

 

[awor]

I'm definitely going to do it myself, but I do want to attempt to make sure the wording will appease CIC. Even the family lawyers I spoke to didn't have a clue, and immigration lawyers were that much more clueless.

 

[canadianwoman]

Why add "by phone, internet, or email"? You want him to have no visitation rights, which is reasonable, since he doesn't seem to want to visit them, but I would be afraid the courts might see refusing contact by phone or email as being too harsh.

 

[awor]

Hmmm. I think you might be right. It's unnecessary as well, for immigration purposes.

So I'll just leave that part off. I think the rest is about as iron-clad and clear as I can make a legal document.

Thanks for the input

 

[Tiggilicious]

You would want to show the court that you are flexible ; that if he ever wanted to contact his kids - that he can, as they haven't terminated his rights as a father. But you just want am order that you can move with the kids