QUESTION
We have an upcoming vacation to Mexico. If my husband just takes our baby on the trip without my consent, what can I do?
Asked on Nov 13th, 2011 on Divorce - Virginia
More details to this question:
We are married and have not talked about separation yet. I have expressed that I am not comfortable taking a vacation to Mexico when we are having minimal dialog. He has now repeatedly said that he is going to take our baby on the vacation. I am still nursing our 4.5month old. Both of us have a full time job. I am the primary caregiver. He tells me that he is taking our baby and in the next two days before the scheduled departure that he is going to give her formula.
If he leaves with her on the flight for the vacation to Mexico, what can I do? Doesn''t he need my consent before crossing the border with her?
1 ANSWER
Majessire Smith
The best way to bring a halt to the trip and have an opportunity to be heard on whether he can take the child is to file a petition with the juvenile and domestic relations court of the county in which you live with the child. Depending on how quickly the trip is approaching, you may need to file a petition for an emergency hearing. That way you can try to get the hearing before the trip. This will also give you the opportunity to go before the court and explain why you do not think he should take the child, he will have the chance to tell the court why he should and the court will make the decision. If the two parties cannot reach some kind of agreement as to these types of decisions, a hearing before the court is usually the best option.
You should consult with an attorney in your area regarding your rights in this matter. You will likely need representation in filing and arguing the petition.
Answered on Nov 14th, 2011 at 4:44 PM