Can my daughter in law take my grandson away without my son's consent? 29 Answers as of October 28, 2011

No, she may not leave without consent, but I would file the petition for divorce before she tries to leave.

If they reside in the state of Alabama, a judge will enjoin meaning stop her from taking the child out of the states without the court's consent. You will need to seek the advice of an attorney to apply for a court order to either change custody to your son based on his belief that she plans to take the child out of the state or to get a court order to stop her from doing so.

It is unclear what you mean when you say she may take the child away. Certainly, if the parents were not married and there has been no court order establishing parenting schedules, there are no enforceable parenting rights. In such a situation, the mother is the presumptive custodial parent. She may remove the child from the state or country unless r until an action to establish parenting time and custody has been commenced.

Your son should immediately file a divorce case and have it served on his wife. Once served, the automatic restraining orders on the reverse side of the summons will act to restrain his wife from taking the child out of the state of California. Prior to doing that, there won't be any restraining orders to prevent his wife from taking the child out of the US, butI believe that the passports of minors require the signatures of both parents (but I don't know whether a forged signature on the passport could allow the child to be taken out of the US). I would suggest that an Order to Show Cause be filed in the divorce case for child custody, visitation and anti-abduction orders, as soon as possible.

He had better file for a divorce here before she leaves the country

Not without his consent or a court order.

Your son should file for divorce and seek ex parte orders and temporary orders or there will be nothing preventing what you fear.

This is. Very complicated issue. Your son needs to consult with an attorney, tell the attorney the details and background of his situation, and let the attorney ask whatever questions they need to ask in order to give competent advice.

This is a relocation case and there will have to be a court decision if the two cannot agree

Answer depends on whether there is a court order that says she can't. If not, then there is a high risk that she can flee the country with your grandson. I strongly recommend your son speak to an attorney in his area about taking immediate legal action to prevent your daughter-in-law from taking such abrupt action. Also, if a passport has not been issued for your grandson, your son can apply for an "alert" with the department of US travel-to alert him in the event the mother applies for a passport.

Your son should get a court order as soon as possible.

She may be able to unless you or your son obtains a court order preventing the move. There may also be some visa and passport restrictions.

That depends upon the results of the divorce case.

Until there is a court order in place, either parent can take the child anywhere without it being unlawful. PLEASE get your son into an attorney's office immediately. Dissolution petitions have automatic restraining orders attached to them that will make it unlawful for Mom to leave the state. If her trip is imminent, your son should also consider an ex parte custody order. Do all you can to get your son to ACT. If he does nothing, then no one can or will stop mom from leaving the country. It is far harder to get a child *returned *to the US than it is to take action and get an order *keeping* the child in the US.

The issue should be addressed by lawyers during the divorce. Your son can petition the court to escrow the childs passport so she cannot travel outside the country. Once the action is filed, there is a statute that provides that out of area moves are not permitted without court order or written consent.

Probably not. Often, when one parent is taking a child out of the US, the airline wants to see evidence that the trip is with the permission of the other parent. However, they can also get sloppy about this. Therefore, there is no guarantee that it won't happen. Given the seriousness of this situation, I would think that your son would want to get a divorce case and temporary orders filed and served as soon as possible. Such an order could include a provision restraining both parents from taking the child out of the state. They could also include a requirement that someone other than one of the parents hold the child's passport.

NO she can not. And your son needs to act fast. FAST. if that child is on an aircraft overseas, it will be very much more difficult to get the child back. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

If he files for divorce and serves her with the papers, then the child cannot be taken out of AZ during the divorce without his written consent or a court order. This wouldn't apply if she leaves before he serves her, so the sooner he moves forward, the better chance he has of being able to prevent her from leaving with the child.