My husband of three years and i have very serious problems.We still live in the same home but sleep in different rooms.The seperation has been for a year out of the marriage.I have tried to make thing work but that has not happened.We were college sweet hearts but he never stoped his party guy attitude after we had a baby!or even during the pregnancy.I think he has a drinking problem he came home drunk and smacked me across the face knocking me down thats that sparked the seperation.I was offered a job by my company in London am i allowed to legally take my daughter?
2007-01-08 04:10:32 · 21 answers · asked by Anonymous in Politics & Government ➔ Immigration
I was told if i try this i could possibly be not allowed back into the U.S?
2007-01-08 04:17:40 · update #1
Not unless you have full and sole custody. You need his written permission to take the child out of the country. No matter how terrible a husband he is, the child has a right to see her father. You will need to work out a visitation plan including when, where and who pays.
2007-01-08 04:12:15 · answer #1 · answered by Plasmapuppy 7 · 3⤊ 0⤋
Firts of all, it is not good for you and the kid to live under the same roof with the father, while you are separated. You may think you help the kid by both being there, but it is worse to live in an ambiance where the parents are not fully a family. It's better to live apart and be on good terms and share the child. About london, I think you should try to explain to your husband, without quarrelling, explain that you need this job, that it hasn't worked out between the 2 of you, and that the child will be spending time with him. Good luck, or take the case to court! (I don't know if it is illegal to go out of the country with the child, I am not from the US).
2007-01-08 12:21:14 · answer #2 · answered by cpinatsi 7 · 0⤊ 0⤋
There is no legal reason why you can't take your daughter along with you. If he fights for custody then that's a different matter; however, most courts in the U.S. support the mother ( especially concerning a daughter ) in these matters and in all likelyhood grant you temporary custody until the matter is settled through legal means.
You DO NOT have to be present at the hearing if residing abroad.
Get a really good lawyer if he starts litigation.
2007-01-08 12:17:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First call a domestic violence center, there they will provide you with a safe home and file a PFA (protection from abuse) form against your husband. Then seek legal counsel to see if you can file for full custody of your daughter. The Domestic Violence center will help you with the legal as well. Your husband may have to take anger management classes.
Good Luck!
2007-01-08 12:24:02 · answer #4 · answered by daisy 3 · 0⤊ 0⤋
Sure if your the only one with legal custody of the child if you both still have custody then he could fight you in court to keep the kid with him but if hes really abusive and has a drinking problem like you say it shouldn't be a problem to win the case if he tries to take you to court over it.
2007-01-08 12:15:08 · answer #5 · answered by topgunpilot22 4 · 0⤊ 0⤋
It will have to be settled in the divorce paperwork. If you split, and he has it written that you can't leave the state - then you will have been considered to break the law of the divorce statute. He can then have your child taken away, and it will be easier for him to be granted custody of the child, because you've shown that you'll break the law regardless of direct court orders.
And England is a country that will recognize US Extradition laws.
2007-01-08 12:14:25 · answer #6 · answered by Roger K 2 · 0⤊ 0⤋
You have to move before the divorce is final or have it included in the divorce decree. If you dont you may have problems. Consult an Attorney or just talk to the dad if you can. If he agrees have him sign a letter saying so and get it notarized.
2007-01-08 12:30:40 · answer #7 · answered by Destiny 2 · 0⤊ 0⤋
No and you need his signed OK to take her out of the country. He has parental rights no matter what the situation is between you. you could be charged with child kidnap and loose custody altogether even if your in a different country
2007-01-08 12:21:46 · answer #8 · answered by helenobrn 3 · 0⤊ 0⤋
No you cannot take your daughter to LKondon without her father's permission. You need to see a lawyer and get this sorted out before you leave for your new job.
2007-01-08 12:53:34 · answer #9 · answered by bajan-black_ant 3 · 0⤊ 0⤋
I doubt it. You are still considered "married," especially since you are still living in the same household.
You really need to check with an attorney.
2007-01-08 12:20:49 · answer #10 · answered by Dizney 5 · 0⤊ 0⤋