Moving With a Child to Another Country Without the Other Parent's Consent
we live in Illinois. My husband is a U.S. citizen. Our son and I were born abroad, but we both are U.S. citizens. I'm married.
My family lives abroad.
I wanna know what are my rights as a stay-at-home mom if I decide to get divorced or separated. I don't make any money and haven't worked in over 8 years. Im afraid bcs of that he can get custody of my kid if we divorce.
If I decide to go back to my country, do I need my husbands permission to take my kid?
I feel he feels empowered bcs I'm by myself here and he thinks I can't work or do anything so I will be stuck under him forever.
Re: Traveling with My Son Without His Dad
Which other country are we talking about?
Re: Moving With a Child to Another Country Without the Other Parent's Consent
Re: Moving With a Child to Another Country Without the Other Parent's Consent
If you leave for Peru and your husband files for custody in Illinois, the court is likely to order that the child be returned to Illinois. If you don't obey the court's order, your husband can continue to litigate for a custody order in your absence and he can try to enforce any temporary or final custody order in Peru. Peru is a member of the Hague Convention on the Civil Aspects of International Child Abduction, although I don't know how well it complies with its duties under that convention.
Re: Moving With a Child to Another Country Without the Other Parent's Consent
Thank you! So just wondering where are my rights as a mother? IF I'm the primary caregiver and he was born in Peru as well, I will have to be stuck in Illinois forever? How do I work that? He won't ever let me go if I ask.
Re: Moving With a Child to Another Country Without the Other Parent's Consent
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Frankincense
Thank you! So just wondering where are my rights as a mother? IF I'm the primary caregiver and he was born in Peru as well, I will have to be stuck in Illinois forever? How do I work that? He won't ever let me go if I ask.
That's up to the court to decide.
Re: Moving With a Child to Another Country Without the Other Parent's Consent
Thank you
I just don't get why the husband can file custody in Illinois and I can't get custody of my own kid who I've been taking care 24/7 for 5 years
Re: Moving With a Child to Another Country Without the Other Parent's Consent
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Frankincense
Thank you
I just don't get why the husband can file custody in Illinois and I can't get custody of my own kid who I've been taking care 24/7 for 5 years
Because he stands equal to you before the court. It's HIS child, too - not just "yours".
It really is that simple.
Re: Moving With a Child to Another Country Without the Other Parent's Consent
I understand that. I don't und why would they give him custody in Illinois for filing it. Why won't they give it to me then to take him to Peru? But thanks. I'll have to let the court decide i guess
Re: Moving With a Child to Another Country Without the Other Parent's Consent
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Frankincense
I understand that. I don't und why would they give him custody in Illinois for filing it. Why won't they give it to me then to take him to Peru? But thanks. I'll have to let the court decide i guess
I don't understand why you don't understand. Your child has two parents. Both are considered, as a rule, perfectly capable of being the primary custodial parent. Being the main caregiver usually does tip it in that parent's favor (all else being equal), but it's not a guarantee and it's even less so if that parent makes noise about taking the child to live outside of the country.