Worcester, MA asked in Family Law and Child Custody for Massachusetts

Q: I want to go back to my country and take my daughter but my husband won’t let me, or sign for it, what should I do

My mother is sick I want to go back but he refuses to sign to let me return with our daughter, what should I do in legal terms

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1 Lawyer Answer
John Michael Frick
John Michael Frick

A: You may be able to petition the court for a divorce and secure the right to take your daughter with you to another nation temporarily. The court's primary concern will be evidence that you will return your daughter promptly to the United States where her father resides after visiting your mother.

It will be important to determine if your country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction first, as that may play a role in whether a court will allow you to take your daughter to the country. Most European nations are signatories but many African, Middle Eastern, and Asian nations are not, notably India and China. Many courts will require that you show evidence that you have purchased a return ticket for your daughter as a condition precedent to taking her overseas.

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