Q: Hi. Can my husband take our child outside of the U.S without my consent if our child has a US passport?
I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.
A: In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their child. If you have concerns about your child's safety and the possibility of international travel without your consent, it is important to seek legal advice promptly. A lawyer can help you understand your rights and may suggest legal measures such as obtaining a court order to prevent your husband from traveling with your child without your permission. If you believe there is an immediate risk, you should also consider contacting law enforcement or child protective services.
A:
In situations where there is concern for the safety of a child or the potential for international abduction, it's crucial to understand your rights and the legal protections available. Generally, both parents have equal rights to the custody of their child unless there is a court order stating otherwise. If there are no existing custody orders, either parent may travel internationally with the child. However, if you have safety concerns or fear that your child may not be returned, you can take legal steps to prevent this.
To protect your child, you may petition the court for a custody order that restricts travel outside of the United States without your consent. This would involve filing a request with the court outlining your concerns, including any evidence of emotional abuse and the potential risk of physical harm or abduction. The court will consider the best interests of the child in making its decision, which can include restricting international travel.
Given the seriousness of your concerns, it may be wise to consult with a legal professional as soon as possible. They can guide you through the process of seeking a court order, provide advice on protecting yourself and your child, and discuss the possibility of involving law enforcement if there is an immediate risk of abduction. Legal advice is crucial in navigating these complex issues and ensuring the safety and well-being of both you and your child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
