If I am getting a divorce, how can I prevent my soon-to-be ex-husband from taking my son out the country?

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If I am getting a divorce, how can I prevent my soon-to-be ex-husband from taking my son out the country?

I got married in Senegal and my husband came to the U.S last year on a spousal visa. I want a divorce now and he is trying to take my baby back to Senegal with him. How can I stop this?

Asked on September 2, 2018 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your name is on the birth certificate, your husband cannot legally apply for a passport for your child without your permission unless he has sole legal custody. Additionally, once divorce papers have been filed, your husband will not be allowed to remove the baby from your state/county, let alone overseas/across boarders, again if he does not have legal custody. At this point, you need to file for the divorce and ask the court for temporary custody; permanent custody will be decided when the divorce is finalized. You really need to consult directly with a local attorney on all of this; they can best advise you further.


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