Want to leave country with baby without husband's permission

We live in NYC. My husband and I still live together, but want to file for divorce.We have 7 months baby together.I take care of my baby 24/7. I want to go to my parents house (its overseas) for couple months to think over what to do next, but my husband doesn't let me leave country with baby. I can't stay at the same apartment with him, and I don't have any other place to go. I am alone in this country. What should i do next to leave this country with baby legally? I just want visit my parents at this difficult time for me. Please help with legal side. And do I need passport for baby? Thanks.

is there some reason you cannot leave the child with the father while you go to your parents to think things over?

And, yes, you will need a passport for the baby, and both parents must apply for it.

justalayman said:

is there some reason you cannot leave the child with the father while you go to your parents to think things over?

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Do u have kids? Or you just answer the questions? How can you leave 7 months baby if you are the Mother, and especially if your baby is exclusively breastfed. Have you ever heard these words?

alsu said:

Do u have kids? Or you just answer the questions? How can you leave 7 months baby if you are the Mother, and especially if your baby is exclusively breastfed. Have you ever heard these words?

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It's your choice. YOU can leave the country. If dad won't consent to the baby having a passport, the baby won't be going anywhere. Either you think at home WITH the baby, or think alone WITHOUT the baby.

alsu said:

Do u have kids? Or you just answer the questions? How can you leave 7 months baby if you are the Mother, and especially if your baby is exclusively breastfed. Have you ever heard these words?

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You can pump and freeze. Or, if that's not possible - formula is readily available.

But more to the point - because it actually matters - WHERE do you want to go?

alsu said:

Do u have kids? Or you just answer the questions? How can you leave 7 months baby if you are the Mother, and especially if your baby is exclusively breastfed. Have you ever heard these words?

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yet you want to take this 7 month child away from it's father.

You are the one wanting to leave the country of the child's birth so you are the one that gets to give up something here.


as to breastfeeding; they can be converted to bottle.

alsu said:

Do u have kids? Or you just answer the questions? How can you leave 7 months baby if you are the Mother, and especially if your baby is exclusively breastfed. Have you ever heard these words?

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I have a daughter and I would never have considered taking her away from her mother like that. Nor would her mother have thought of taking her away from me like that.

You have the following choices:

1. Get Dad to agree to letting you leave the country with the child. Of course, he'd be foolish to do so.

2. Leave the country yourself and leave the child with Dad.

3. Stay in the US and do your 'thinking' here.

4. Try to get a court order allowing you to take the child out of the country over Dad's objections. Not that it's likely that a court would go along with this - and it would take months, anyway.

No one can change those options for you. Pick one, but realistically #2 and #3 are the only practical ones.

Additional option: Get a job, get a place, move out and do your thinking here.

Realize that if you and husband DO ultimately split, that is most likely what will need to happen. You should expect to remain in the country if the baby ultimately stays with you.

nextwife said:

Additional option: Get a job, get a place, move out and do your thinking here..

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That is certainly one sub-option for #3 (Stay in the U.S. and do your thinking here). She can stay in the marital home or move out.

However, if she moves out and wants to move very far, he could still petition the court to have the child returned to him, so I would suggest that she do her thinking close by. (technically, even if she's close by, he could petition the court to have the child returned to the marital home, but it's not quite as easy as it would be if she moves farther away).

alsu said:

We live in NYC. My husband and I still live together, but want to file for divorce.We have 7 months baby together.I take care of my baby 24/7. I want to go to my parents house (its overseas) for couple months to think over what to do next, but my husband doesn't let me leave country with baby. I can't stay at the same apartment with him, and I don't have any other place to go. I am alone in this country. What should i do next to leave this country with baby legally? I just want visit my parents at this difficult time for me. Please help with legal side. And do I need passport for baby? Thanks.

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You didn't state your reasons for wanting to leave, but just in case you are being abused, there is help out there. Look in the phone book in or around the blue pages under domestic violence or women's services. There are local shelters in your area that can help you if you are being hurt or abused. They will assist you in negotiating the legal system.