Can he take baby out of Country?
Alright one of my friends is married to a man who was born in another country. They have a daughter and now they are talking about getting a divorce. The husband continually threatens to take the daughter to his home country? Anyone have any idea of what to do?
- 1 decade agoFavorite Answer
it depends on who gets custody of the child, even still the non custodial parent can get it put in the agreement that the child CAN NOT leave the Continental united states. consult a lawyer, one will be able to help your friend more
- RobertaLv 41 decade ago
I understand that both parents must be present to get a passport for a minor child and both parents must be present when that child boards a plane going out of the country, though they do not actually have to board the plane. I don't know how it actually works in practice, but I don't think it's as easy as it used to be. If the child has a passport from another country, that would probably make a difference also. Call an attorney who specializes in immigration.
- 1 decade ago
It depends on custody. Who has it? Where was the child born? With the new passport laws it would be harder to take a child across the border. Before you needed a passport you could claim them has a natural born citizen of mexico when crossing the border. When the parent crossing is a citizen of that country the border never questions. If it is mexico good luck. Women are 2nd class citizens down there. Their families stick together.
- CraiovaLv 51 decade ago
Does the husband have the baby's details with him on his passport? If he doesn't, he will need the mother's permission to do so. Your friend needs to speed up the separation process as soon as possible, as she has the right to not allow the child to leave her sight around him on grounds that he has threatened to abduct the baby. She can file a police report on it and call them if he walks away with her child. Again this depends on which country you're from, if it's second or third world then he could leave but if it's a democracy then you have loads of rights.
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- 1 decade ago
Go to a lawyer, as far as i know the mother automatically gets guardianship of child ,unless father can prove she is an unfit mother.
It is always considered "in the child's best interest" to stay with mother.
Possibly the father could ask for child to be allowed to visit him in his country on holidays, but this would only apply when child is old enough to travel alone.
Personally i would not recommed allowing child to visit father alone , as since he has already threatened to take child away ,it is possible that he would not return child.
The mother should accompany child at all times.
- KutekymmeeLv 61 decade ago
It all depends on the divorce settlement, and who has custody.
If they are not yet divorced, its pretty difficutl, and he could take the daughter out of the country without permission.
If they are divorced and he does not have sole custody, he will need the mother's permission to take the daughter out of the country. But thats easier said than done, if he does manage to get her out of the country there's not much she can do to enforce it.
- Zebra4Lv 51 decade ago
It sort of depends on which country she's in and which country he's from. She should first talk to a lawyer and find out what her rights are to keep him from going anywhere with the baby. Or, perhaps she'll need to go into hiding for a while--you know, move away to where she has family that he doesn't know about, and start over there. I'd do whatever it took to keep my baby.
- wendy_the_pyroLv 41 decade ago
He cannot take her daughter out of the country without your friend's WRITTEN permission or a court order. One of the two. Otherwise, he is considered to be absconding with the child and he can face charges of kidnapping.Source(s): My mom is a family law attorney in the state of California.
- SuzyLv 51 decade ago
dont leave him alone with her daughter...he can take her anywhere he wants. some countries laws state the father has the right to do this..she must be very carefull. she may never see her daughter again.
in response to the above answer ...airlines do not request a divorce decree when you board an airplane
- Anonymous1 decade ago
She needs to get an emergency hearing to have an order in place prohibiting him from taking her out of the country. If he does take her out of the country then it is "Parental Kidnapping". She needs to make sure the judge knows he is making such threats and ask for him to have supervised visitation. His actions could hurt him in a custody battle.