Can I take my child out of the country to go and live with family issuanceI am in severe financial distress?

UPDATED: Aug 14, 2011

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Can I take my child out of the country to go and live with family issuanceI am in severe financial distress?

For 2 years I’ve tried to get my marriage better. My husband doesn’t want to give up on cheating. He spends money on girlfriend’s and getting massages and not paying the rent or bills. We have a 3 year old child. I don’t have any money to get child care so I can look for work. We owe 2 months rent, our electricity will soon be shoot off, etc. I have a family in Europe and if I go there my mom can take care of my child so that I can work. But I don’t want to be accused of kidnapping. What should I do?

Asked on August 14, 2011 New Jersey


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  But you have really hit the nail on the head when you bring up your daughter and the issue of going abroad.  It could be considered kidnapping if your husband has not given hi permission for your daughter to go with you.  Do you think that it would be possible for you to seek help from legal aid or a women's financial services in your area on the matter?  If for nothing else than to establish support for you and your daughter?  There are way to get support by garnishing salary, etc., if he will not pay directly.  This way you know that your bills will be paid.  And maybe you could indeed come to an agreement to allow you to return home with your daughter for a better life.  But unless there is an agreement in writing or a court order, do not leave the country.  Good luck.

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