How do I file for custody when the other parent lives abroad?
My ex moved to Canada with our daughter (age 6) about four months ago. He took her without my consent — though we never had a formal custody order. We were never married. I live in New York. He stopped responding to my texts and won’t let me video call her. What’s my first step?
3 lawyer answers
Short answer: probably not, depending on your duties. The FLSA requires that ‘salaried exempt’ employees actually meet the duties test for exempt status. If your role is primarily non-discretionary work, you may be misclassified and entitled to overtime.
Document everything — your hours, your job duties, anything in writing from your employer about the salaried-exempt label. Then consult an employment lawyer in your state.
Answers vary by case. Generally for a B-2 overstay under 180 days you face a 3-year bar; over 180 days, 10 years. With documented medical emergency, you may have grounds for a waiver.
Answer this question to help the asker — and get found by clients with similar issues.
Sign in to answer