Will my baby's mother be able to take my children out of the country?
1 attorney answer
The answer depends upon two things: (1) whether she is going with the intent to return, and (2) whether there are any custody orders in place. The courts usually don't prohibit a party from taking the children to attend a funeral so long as they are coming back, and the country they are visiting is part of the Hague Convention regarding child custody. But the courts recognize that this is dicey, so they usually suggest the parent go but leave the child behind. The other part of this is that if you don't appear on the birth certificate and you haven't established paternity, there is little you can do to stop her. So if that's the case, you should file right away to establish paternity and a custody order. That should add a level of protection for you. if you think she's going to go anyway, ask the court to impound the child's passport or to give it to you. The best thing you could do is to hire a lawyer to help you. Those of us that regularly handle these types of cases can get the details and give you advice tailored to your needs.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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