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 04:13:07 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
My husband is threatening to make my life miserable if take our 2 yr old daughter away from him and his parents have the kind of money to make that happen.
2007-01-08 04:14:39 · update #1
I was told if i try this i could possibly be not allowed back into the U.S?
2007-01-08 04:18:46 · update #2
Well without a divorce, he could file kidnapping charges against you which is a federal offense and very serious charges. I would get the divorce before you leave and get physical custody of the daughter and that way you will be able to leave the country but be sure you keep communications lines open between him and the daughter. Because after all she is only 2 and will probably forget him and his family since being so far away. Or you could just forgo the job and stay in the states.
2007-01-08 04:20:25 · answer #1 · answered by kitcat 6 · 0⤊ 0⤋
You cannot take your daughter out of the country without his permission. And given the way things are going, I would have it in writing no matter what he "says". His parents money wont matter in court or between lawyers if he has shown himself to be an unfit parent. I would start documenting everything he does that's out of line. And as others stated here, get an attorney. That way, you already have access to legal help should you need it. It doesn't mean you have to actually do anything, but it makes a difference if you choose to later. I hope you do take the job in London, for both you and your daughters sake. Good luck.
2007-01-08 12:54:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am not an attorney but I would say yes it is illegal under the Hague Convention to take a child out of the country without the express written permission of the other parent. You would be allowed back in the United States with all the proper paperwork but the child's father could and probably would have you arrested for child abduction. I would proceed with caution. You could go to court and ask the courts permission to leave the country, make sure you show proof of the job offer.
L.
2007-01-08 12:49:05 · answer #3 · answered by tink3610 3 · 0⤊ 0⤋
Not sure what country you are living in?? In the U.S. a parent cannot take a child out of the country without an affidavit signed by the spouse expressly stating it’s ok for the parent with physical custody of the child to take the child out of the country. Not sure about getting back in to the US. Check with I.C.E. check with an Attorney to see what applies in your specific instance. The US is trying to stop parental “kidnapping” by spouses taking children out of the US.
2007-01-08 13:01:04 · answer #4 · answered by logicalanswer 4 · 0⤊ 0⤋
yeah i don't think you can just do that on your own.. have you heard about the lady who got in trouble for taking her twin daughters out of the country? well she adopted them them out.. so it may not be the same type of situation..
but i've heard since that has been an issue in the media.. that even if you are seperated and have custody you have to have a written letter or proof to take your kids out of a country..
so talk to some lawyers and good luck
2007-01-08 12:26:40 · answer #5 · answered by steph 6 · 0⤊ 0⤋
i know if they are younger than 3 you can get a passport without the fathers signed consent. as far as moving away totally...thats kidnapping. you need a divorce and custody, or even if the divorce is not final you need to get him to sign a custodial agreement. hopefully if he is the party animal u say he is, he will just let you go peacefully.
2007-01-08 12:19:37 · answer #6 · answered by jean grey 6 · 0⤊ 0⤋
Get your butt on the phone it some lawyers.
i hope you took a picture of face after he hit you, cause just cause you say he hit you does not mean in court that he did.
is his drinking causing problems at his work,? get proof of everything to show the court.
2007-01-08 12:19:50 · answer #7 · answered by picture 1 · 0⤊ 0⤋
You need to get divorced and get custody.
2007-01-08 12:15:08 · answer #8 · answered by kathylouisehall 4 · 0⤊ 1⤋
regardless of the situation its not legal.....
2007-01-08 12:22:39 · answer #9 · answered by veronica c 4 · 0⤊ 0⤋