How can a father stop his immigrant wife from taking children out of state and country

[PilarlindaLV]

What is the name of your state? Nevada.
Hello everyone My son is in desperate need of advice. My son has been married for two years to this lady. she was great until they were married. My son is a great provider he works hard does whatever he can to be a happy family. For the last year and a half there is nothing he can do to make her happy. In the last year he bought a huge two story house because she wanted a big house. He bought two luxury cars for her. Now she controls his bank accounts My son told her if that makes her happy than he is happy. My son says he just don't want to have the children hear them argue so he don't say anything to keep the peace. He don't speak to any of his friends because she says it takes time away from her. Lately she been telling him she is going to leave and take the children to mexico and he will never see them again . She tells him this so he does what she wants. I can tell how depressed and stressed out he is by just the sadness in his eyes. He spends every minute with the kids. My son get the kids up in the morning feeds and dresses them both, packs a diaper bag drops them at the babysitters works 10 hours Picks them up takes them home cooks dinner 75% of the time. Baths them and tucks them in.

My question is What could he do to make sure that she will not disappear with the kids?
As the coronavirus continues to spread, Nevada is under stay-at-home orders . My sons wife books a flight for her and the children ages 7 months and two years old from Las Vegas to South Carolina. Also having a two hour layover in Chicago. He Found the ticket information for the flights a canceled her trip. He told her she would be endangering their children's lives. Her reply was she has not seen her family in 7 years. She said she going to go. She going to drive her and the babies if he like it or not. Is there any thing he can file to stop her. Please help.

 

[CdwJava]

At the moment, there's not much your son can legally do to prevent her from traveling. She is an adult, these are her children, and presumably she has the proper documentation to show that they ARE her children, so she can travel with them. Frankly, your son's unilateral cancellation of his wife's flight is concerning. But, that issue aside, the only way he can prevent her from traveling with her children is to go to court as seek some form of injunction. Unless he is willing to file for divorce/separation and seek custody and visitation orders, he may well be out of luck. And, if he tries to forcibly prevent her from leaving, that can result in a world of legal hurt for your son ... like, jail.

He should probably consult an attorney who can advise him on the best course of action. If his relationship with his wife is such that he cannot trust her and she is talking about leaving, then it seems that this marriage is on the outs anyway.

 

[aldaron]

Complete fields 1, 2, and 3. If field 3 is not completed, authorization will be valid for both products. 2. Complete field 4, Statement of Consent, only if you are a non-applying parent or guardian consenting to the issuance of a passport for your minor child. NOTE: Your signature must be witnessed and notarized in field 5. 3. The written consent from the non-applying parent that accompanies an application for a new U.S. passport must not be more than 90 days old. A clear photocopy of the front and back of the non-applying parent's government-issued photo identification presented to the notary is required with the written consent. 4. Please submit this form with your minor child's new DS-11 passport application to any designated acceptance facility, U.S. Passport Agency, U.S. Embassy, or U.S. Consulate abroad.
https://eforms.state.gov/Forms/ds3053.pdf

 

[FarmerJ]

I suggest if your son is willing to leave her first order of the day is to consult with a divorce attorney and open new bank accounts in his name only and have his paycheck sent to the new account. Credit cards if they are in his name then have them turned off or account security re set including pins . If your in the same town let him use your address especially for mail from a divorce attorney and if he can get it filed it may actually be in his interest to do it first ( if your in same town are you willing to let him move in with you once he starts the process. ( BTW did he marry her in order for her become a citizen ? )

 

[zddoodah]

Do the kids have passports? If not, they cannot legally travel internationally, and both parents' consent is needed for passports to be issued (in the absence of a court order awarding sole custody to only one parent). Also, obtaining a passport right now is nearly impossible.

Beyond that, your son needs to speak with a family law attorney. Generally, filing divorce will put into place several automatic restraining orders, one of which prohibits either parent from leaving the state with the minor children without the written permission of the other parent or a court order.