I'm separated from my husband and moved to a different state. Can I visit another country with my child?

Asked over 1 year ago - West New York, NJ

I'm separated from my spouse and have moved to NJ with my parents . We are planning on taking a mini vacation for a month and half outside the country . Would it be legal for me to do so ? ( Both the parties have NOT filed for the custody case yet and the father is not bothered on visiting his child so far since the past 4 mo that I'm in NJ ) I'm aware of the possible abduction issue but since this is only for a vacation can I go ? Father doesn't bother to talk to me so impossible to get consent . I could present the passport stamping for proof purposes . But IS THIS REQUIRED TO SHOW IN THE COURT ? Also , do I have . To show proof of residency in the court ? As I'm not paying any rent and living with my parents . Child supp . WI , l I get from the date petition filed or can I receive rev mo . Too ?

Attorney answers (3)

  1. Yolanda Navarrete


    Contributor Level 20


    Lawyer agrees

    Answered . You may need his signature at the airport if you don't have sole custody. Send him an authorization to sign. Also call the airlines and inquire as to exactly what they need. If he doesn't cooperate you will need to file a motion or order to show cause. A judge will grant your request as long as you provide adequate proof and reassurance. An attorney would be best.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Bari Zell Weinberger


    Contributor Level 14

    Answered . While it may be legal for you to take your child out of the country for a vacation, you will likely have difficulty doing so without either a Court Order or the permission of the child's father. Additionally, your child most likely needs a passport to travel, which requires the consent of the other parent or a court order. You may want to contact him and see if he will provide his written consent to the trip. If that is not possible, you will likely have to file a Court action to address the issue. Please consider consulting with a Family Law attorney in NJ to advise you based upon the specific facts and circumstances involved in your matter. The articles liked below may also provide some additional guidance.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more
  3. Christopher D. Ferrara


    Contributor Level 7

    Answered . Generally you will need the permission of the father. If he refuses or if you do not want to make the attempt to obtain consent you will need to obtain a Court Order permitting you to leave the country with the children. There are also passport and visa issues that would need to be addressed as well. It is recommended that you consult with an attorney before taking this action.

    No attorney-client relationship is created as a result of this submission. The information and answer provided is... more

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