My wife is from another country, can she take the kids with her if she decides to go back home?
My wife and I are having problems lately beacause she does not like it where we live and she has been talking about wanting us to go to her country. I don t want to go to her country and I have made it very clear to her. Well she tells me that if I don t want to go, she will and that she will take the kids with her. I have tried to research this but there is no info in a case like this. My children and I are American citizens but my wife is a permanent resident, can she do what she says she is gonna do?
- CathyLv 46 months ago
The first thing you should do is have tests done to determine who the fathers of the children are. Then go from there
- Brother HesekielLv 76 months ago
Just don't give consent for the children to get passports, and she cannot take them out of the United States. If she did, that would be child kidnapping, and there are quite a few countries that would prosecute a citizen who did that.
- W.T. DoorLv 76 months ago
US Department of State website:
- ibu guruLv 76 months ago
Children have birthright citizenship in their parents' country/ies of citizenship. So the kids have birthright citizenship in their mother's country of citizenship. She can obtain passports for them from her country. Not all countries require both parents' permission for the child to obtain a passport or to travel. So she may be able to get them passports from her country, take them to her country.
US citizens are required to enter/exit US only on US passports. And US-citizen child must have BOTH parents' permission to get a US passport, and to travel. However, parents have been known to take their children back to their own country without permission of the US-parent. IF she takes them to her country without your permission, you could then file kidnapping, international abduction charges against your wife. She will end up in prison eventually & lose her green card, get deported to her own country permanently.
You fail to mention your wife's citizenship. So no way to tell whether her country will go after her if she takes her kids back to her own country. Her actions might be legal there. So yes, it's possible she can take the kids & leave you. Also possible you can't do much about it.
She's blackmailing you. Clearly, this marriage is over. You probably can only file for divorce and negotiate custody of the children at this point. Getting a court order of child custody, visitation & child support as part of the divorce settlement is all you can do. Unless you can prove she is an unfit mother, expect her to get custody. If you cannot work things out & agree to stay together, it's probably best she returns home to her own country, and try to divide custody if the children are old enough to travel, or else you visit them there.
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- Rona LachatLv 76 months ago
. My children HAVE TWO PARENTS.
My children have the right to be with their PARENT that means BOTH of them.
PARENTS that decide not to live in the same house figure something out.
If they cannot agree they go to a Judge that decides who has custody.
Your children may be citizens of TWO countries from the day they were born.THEY can choose as ADULTS which country they wish to call home. UNTIL they are Adults the PARENTS figure something out.
MOTHERS just like Fathers may want to have custody.The way it is when ADULTS split up.
SO SAD you think the children;s home countries are not their homes too.That their other country family are not really their family too.
International mixing can be wonderful or full of complications. WORK IT OUT.or a judge will have to do it for you and you may not like their decision and it could drag out for years.
- COMPTONLv 76 months ago
i know someone that was in a situation similar to that (a mother born in u.s. had kids in rome by a rome resident). she wanted to come back to u.s. but the father had say so about the kids leaving the country. she was told that if the kids were born in her home country-u.s. then the father couldn't say if they could leave-go back to their home country. the kids couldn't leave rome until they were 18 unless the father was ok with it.
i'd do a research on it if i were you
- FoofaLv 76 months ago
International kidnapping is the very reason in the US both parents have to be present to apply for a child’s passport. So if the kids don’t already have passports and those passports aren’t in your wife’s possession it’s highly unlikely she could take them out of the country. However, this is a big place and if she’s of a mind to abscond with your kids she wouldn’t need passports to do so. It still wouldn’t be legal of course. Suggest you file for divorce and demand sole custody of the kids before she beats you to the punch. Ultimately a judge would decide the custody and support arrangements. But if she’s threatening criminal behavior you can’t just sit and wait for her to do something crazy.
- 6 months ago
I can totally relate to the way your wife feels. I came to the US for work planning to stay only a couple of years. My children, like yours, have both citizenships and are equally comfortable in both countries. I was miserable living in the US and dreamt every day of being able to take them home but I was the primary breadwinner so he would never have let that happen. He did not care about the children but he did care about my salary.
Nothing to stop wife from getting her children their passports to her country. She probably has already done that. I got mine the instant they were born. Their father never knew I had them. Those passports will allow her to take the children to their other country 'on holiday' and apply for custody there. This is not a fight you want to get into as you will not win. You would not know she had gone until you arrived home to an empty house and you cannot prevent the children from getting on a plane. I never show my US passport when I leave the US, only when I enter.
By far the best thing is to find a way to make your wife happy. If that means living in her country, give it a try. Look at it this way, if she is miserable she will eventually divorce you and it is not a given that you will get primary custody. Even if you get that, your children will be free to decide to move to their other country at the age of 18. Try her country, it may surprise you.
Agree a time frame with her so that it is not open ended if you are as homesick as she obviously is. She should get US citizenship before you depart so that she can freely come and go.
- YYYZZ 2Lv 76 months ago
She can go without a hassle, but for the kids, she'll have to get yours and government, approval.
- 6 months ago
What country would she be going back to and if you have more money you can make the better argument that you can provide a better life for the kids then she can especially since America has more resources & opportunities than any other country. All you have to do is show that you can be a good parent and provide stability that she cannot because moving to another country is not stable at all. It is unfortunate that y'all could not stay together or might not and cannot raise these kids in a two parent home. The next thing to do is to give your kids reliability & stability for example not having them move around all the time having to get used to new locations that they should not have to get used to. The fact that you are interested in keeping your kids mean you are willing to do what it takes to keep them so that is what you have to do whatever it takes legally of course. If you can show you live in a great neighborhood that would be good & show you have stable money that should do it