QUESTION
How can I take my son out of the US, if my marriage whit my husband, who is a U.S. citizen, is broken?
Asked on May 16th, 2013 on Child Custody - Massachusetts
More details to this question:
My husband doesn’t want to divorce, and doesn’t want to let me out from this marriage. I don't have family or friend here, who can help me. I try to talk with him many times, but isn't work out. My son is a Hungarian and United States citizen.
6 ANSWERS
You can not take the child out of the country without his consent or a court order., It is very difficult to obtain an order allowing you to take the child out of the country. But who told you that he must agree to the divorce. Not true. He can be ordered to pay you support for you and the child, if appropriate.
Answered on May 17th, 2013 at 11:08 AM
You don't need permission to file for divorce. You do need a lawyer familiar with international child custody.
Answered on May 17th, 2013 at 11:08 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You have to file for divorce and request permission to leave the country with the child. There is no court order stopping you from doing this now but of there is a custody case then this may not look good if there is no communication with dad. He can't refused to divorce you its not his choice. If you have lack of funds and support I would contact you local pro Bono office to get counsel to assist you in this process.
Answered on May 17th, 2013 at 2:59 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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File for divorce and seek permission from the court to move with your son out of the country. Your husband can oppose the move away, but not the divorce.
Answered on May 17th, 2013 at 2:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You probably can't. You need to hire an attorney and divorce your husband. Even then, the court may not allow you to take your son out of the country.
Answered on May 17th, 2013 at 2:53 AM
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The legal presumption for a married couple with children is that both have legal rights to those children. You would have to proceed with a divorce and request that you be allowed to remove your son from the United States to another country. In the meantime, you could also get support orders in place, so that you and your child are supported pending the court decision of whether you will be allowed to take your child permanently out of the U.S. Good luck.
Answered on May 17th, 2013 at 2:45 AM