Can I take my kids out of the country if my marriage is not working? 17 Answers as of May 10, 2011

Is there a way to be able to take my kids to my home country if I want to leave my husband who is an US citizen kids were born in US? Marriage isn’t working at all and I want to go to my country to get the help I need for my health. I take care of my kids, not my husband. What can I do? He tells me to go back and leave my kids but I worry about their health and safety. Please help?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No, you cannot take the kids out of the country without his permission. For one moment, put aside the divorce issue, the airlines will not let your children travel internationally without a passport and an international travel authorization. Your husband has to sign for the passport, which the children may already have, but even if they do, he has to sign a notarized international travel authorization before the airlines will issue boarding passes. Practically, it does not matter what the law says in this regard, the Airlines do not want to be brought into your divorce issues, so they protect themselves in the course of business. Your only option is to get the Court to authorized the travel - ie: get a divorce, custody, and no geographic restriction. That is a pretty tall order to fill unless you meet some specific standards.
Answer Applies to: Texas
Replied: 5/10/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You would have to petition the court to relocate the children.
Answer Applies to: Connecticut
Replied: 5/9/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No way you can take them if your husband does not consent to it. It is a felony to withhold custody of a USC in a foreign country. You will be charged with kidnapping, a terrible, terrible crime. Put this out of your mind and do not even entertain the thought of doing it. There is absolutely nothing you can do without his consent other than to be granted full sole legal custody of your children by an US court. No, don't do it. Good luck!
Answer Applies to: California
Replied: 5/9/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
No, you may not take the kids out of the country without the permission of the courts or your husband. If you wish to move away, then you need to file for dissolution and seek custody of your children and permission to leave the country with them.
Answer Applies to: California
Replied: 5/9/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Unless there is an order in place prohibiting travel, either party can travel with the children. Stay well.
Answer Applies to: Alabama
Replied: 5/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    File for divorce. Get permission to take the kids to your country. Good luck.
    Answer Applies to: Washington
    Replied: 5/9/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your marriage is not working, these are issues to present to the Divorce Court. If you are granted sole custody of your children, you would have the best chance of the Court approving your sought move-away, whereas if your husband is awarded what amounts to joint custody of your children and/or if he demonstrates to the Court's satisfaction that the move away would be detrimental to the children, your chances of having the Court approving the move away would be diminished. You should retain an experienced Family Law Attorney to represent you in the divorce.
    Answer Applies to: California
    Replied: 5/9/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Generally, obtaining passports for children or traveling with children outside the US requires the approval of both parents.
    Answer Applies to: Colorado
    Replied: 5/9/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You need his consent or a court order.
    Answer Applies to: California
    Replied: 5/9/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You should not leave the Country without your husband's consent or a Court order (e.g., in divorce proceedings).
    Answer Applies to: Washington
    Replied: 5/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you have no court order allowing the travel, it can be blocked. Ultimately, the divorce will occur in the country where you reside. In that proceeding, you may seek custody and to relocate to your home country.
    Answer Applies to: Minnesota
    Replied: 5/6/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need a divorce attorney. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/6/2011
    Law Offices of Thomas P. Miller
    Law Offices of Thomas P. Miller | Thomas P. Miller
    Generally speaking, both parents must consent to their minor child's international travel. If you are talking about moving permanently with your minor children, numerous local (state), federal and international laws may apply, and failing to follow appropriate procedure can cause you to be charged with abduction or kidnapping. You really need to consult with a family law attorney in your jurisdiction (state).
    Answer Applies to: Illinois
    Replied: 5/6/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    There are issues here that you may need to discuss with an immigration attorney. Since your children are US citizens, you may need to find out what the rules are with regard to them entering and remaining in your home country. If you don't already have passports for the children, you will likely need the signature of both parents to obtain passports. Assuming this is a Washington case, in order to obtain court orders determining whether the children are to live with your or your husband, you will need to start a divorce or legal separation action and obtain a temporary or permanent parenting plan.
    Answer Applies to: Washington
    Replied: 5/6/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    US citizen can live in any country without losing their citizenship. It won't hurt your kids if you take them out of the country.
    Answer Applies to: Florida
    Replied: 5/6/2011
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