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Taking our child out of the country

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jizlookin

Registered User
What is the name of your state? I live in Florida. I am in a total mess - I want to divorce my husband, but I need to know what my rights are as far as taking my son back to my country, New Zealand, for a visit if I were divorced. I know I need consent from the father. Does this happen in the divorce proceedings or do I simply ask him if I can take our son home to visit. Then I guess they ask at the airport about the paternity of the child. I'm scared I'll be stuck over here for 18 years with never being able to see my family and them not being able to see my son! Any help would be so appreciated! Thanks!
 


stealth2 said:
You'd need written (and notarized is good) consent from Dad.

One thing to add, once you begin divorce proceedings in the state of Florida, there will be an issue of a Standing Temporary Order, which keeps both parties from leaving the state of Florida with Minor Child for ANY purposes until permanent custody has been established. If you plan your visit prior to filing, then yes, you would follow stealth2's advice.
 
B

bradybunchmom

Guest
these kids are driving me to drinking!

oh,i wish i could go with you,I NEED A VACATION!
 

jizlookin

Registered User
Who gets custody??

Hey, what is taken into consideration when deciding who has custody of a baby? My husband has 'stuff' on me, but I have SOME on him, or does none of that matter? What happens normally.....we are both good parents
 
jizlookin said:
Hey, what is taken into consideration when deciding who has custody of a baby?
The 2004 Florida Statutes
CHAPTER 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

PART I

GENERAL PROVISIONS (ss. 61.001-61.45)

PART II

UNIFORM CHILD CUSTODY JURISDICTION
AND ENFORCEMENT ACT (ss. 61.501-61.542)

PART I

GENERAL PROVISIONS


61.13 Custody and support of children; visitation rights; power of court in making orders.--

(3) For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b) The love, affection, and other emotional ties existing between the parents and the child.

(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l) Evidence of domestic violence or child abuse.

(m) Any other fact considered by the court to be relevant.

jizlookin said:
My husband has 'stuff' on me, but I have SOME on him, or does none of that matter? What happens normally.....we are both good parents
It would depend on the "stuff" :)
 

jizlookin

Registered User
Plan B

Thanks for all your help to date....if I were to play happy familys for a while, forget the divorce, plan a vacation to New Zealand.....tell hubby we should stay in NZ(after we've been there a month or so). If he agreed and down the track our marriage hit rock bottom....again, and I tell him to take a hike....what legal grounds, if any, does he have as far as the baby is concerned? He can't deMAND to take the baby back to the states could he? Could I divorce him from New zealand, or IN New Zealand? He can't just take our baby legally out of my country, even though our child is a US citizen? This would be a perfect scenario if it worked. I dont want this to happen, but if it came to the crunch. HELP!
 

Silverplum

Senior Member
jizlookin said:
Thanks for all your help to date....if I were to play happy familys for a while, forget the divorce, plan a vacation to New Zealand.....tell hubby we should stay in NZ(after we've been there a month or so). If he agreed and down the track our marriage hit rock bottom....again, and I tell him to take a hike....what legal grounds, if any, does he have as far as the baby is concerned? He can't deMAND to take the baby back to the states could he? Could I divorce him from New zealand, or IN New Zealand? He can't just take our baby legally out of my country, even though our child is a US citizen? This would be a perfect scenario if it worked. I dont want this to happen, but if it came to the crunch. HELP!
You are, quite simply, a pigwoman.
I hope your husband does to you EXACTLY as you plan to do to him. And I hope that you are as unendingly miserable and deprived of your child as you blithely plan for him to be.
 

stealth2

Under the Radar Member
Wow. Just..... wow. That has to be one of the more slimey plans I've heard in a long time. And OP - the kid is a US citizen, and I'd bet the US and NZ have reciprocal relationships for these sorts of things.
 
jizlookin said:
Thanks for all your help to date....if I were to play happy familys for a while, forget the divorce, plan a vacation to New Zealand.....tell hubby we should stay in NZ(after we've been there a month or so). If he agreed and down the track our marriage hit rock bottom....again, and I tell him to take a hike....what legal grounds, if any, does he have as far as the baby is concerned? He can't deMAND to take the baby back to the states could he? Could I divorce him from New zealand, or IN New Zealand? He can't just take our baby legally out of my country, even though our child is a US citizen? This would be a perfect scenario if it worked. I dont want this to happen, but if it came to the crunch. HELP!
WOW! I've had problems with my spouse, but I would NEVER think to do something so unfair, so immoral, and so selfish to my CHILD! And oh yes, your child is a resident of Florida and has a father, your spouse has EVERY right to bring his child home.
 

ENASNI

Senior Member
oh boy

That is so such a down under plan...

I wish the dad would come on this here forum and read this so he could be aware you are planning on stealing his child...

Jeesh... gotta go wash my hands now... have to wait for the water to boil. :mad:
 

jizlookin

Registered User
Dont Judge me

Wow, if only you knew what my husband has done to me, you wouldn't be so quick to judge me! I would NEVER want that scenario to happen, I'm a coward anyway but DO have morals! My husband is giving me little choice. I am just asking what my legal grounds are IF he were to continue his 'ways'! My child comes first and if that means getting rid of his father, then unfortunately, I'll have to look into that. I will not subject my child to his father's behaviour!
 

Silverplum

Senior Member
That, and the fact that she is indisputably a pigwoman :eek: and unfit for motherhood, wifedom, or citizenship.
Anywhere. With anyone. Ever.
 

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