CanI leave my 18 month old son in Russia with my parents for 4 months without my husband’s permission?

I went to Russia with my son this Summer to visit my family. During this time my husband lost our apartment, he wants to divorce me, and he doesn’t help me financially. So we don’t have a place to live now in NYC. So I wanted to go there, work for some time to save money, find a place to live, and have childcare for the baby. But I’m afraid that my husband can tell the police that I stole the baby. I don’t know what to do. He is a citizen; I have a green card.

Asked on July 31, 2010 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I can understand your concerns and believe me, they are valid concerns.  I think that if you attempted to stay in Russia he would file kidnapping charges against you and if you left him there and returned, have you arrested when you set foot off the plane. If you leave him there you will run the risk of losing custody forever, and you do not want that.  You need to return home to New York and file for divorce and temporary custody of your son.  The court will force him to help you financially while you get back on your feet.  Do not take a chance with all of this. Good luck.

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