Mother's rights!

[Tanya_Keefe]

I immigrated here two and half years ago from Australia, to marry my husband who was born in the USA. We now have a daughter. I would like to know my rights as her mother if our marriage doesn't work out! Can I take her back home to Australia with me? Or can my husband stop me? What do we do in such a situation? My husband says that I can not take her without his consent. I don't want to stay here if this happens as all my family are in Australia.
Can someone please help.
Thank you.
Tanya

 

[Michael Wechsler]

I believe that he is correct -- after all, the child is both of yours, not just yours to do with as you wish. There is an act called the Uniform Child Custody Jurisdiction Act which does contemplate with situations such as where one parent tries to take a child over state lines without consent of the other parent.

 

[Nylesox]

Take her to Australia.

I immigrated here two and half years ago from Australia, to marry my husband who was born in the USA. We now have a daughter. I would like to know my rights as her mother if our marriage doesn't work out! Can I take her back home to Australia with me? Or can my husband stop me? What do we do in such a situation? My husband says that I can not take her without his consent. I don't want to stay here if this happens as all my family are in Australia.
Can someone please help.
Thank you.
Tanya

I think you have every right to take her if he is not a good father...

 

[carney]

You would not be able to leave the country with her unless he gives permission.
They would ask for this permission at the airport. We here cannot even go to Canada and take our kids unless the parent who is not present signs consent. The father can even put a stop on you being able to get or use a passport for the child.
I don't know what Australia's laws are on you being able to keep her there if you were able to get her there in the first place. I don't know if they would allow her to stay with a U.S birth certificate without consent from the father too.

 

[carney]

Maybe you could convince him to move as well and live there. That way you could be near your family and he could be near the child.

 

[malvina]

Hi, Tanya!
I have similar situation, and I am going to marry my boyfriend in Australia, I have a son and his Dad is willing to give me full custody if I sign that I refuse to get child support. He found an attorney, it is stipulated or I do not know how it is called. He want to get rid of his son and ready to give me full custody, sole custody. You need the same.

 

[Duranie]

The child was born in the US and is a US citizen. The above post implying you can take the child out of the country is incorrect. It's not a matter of him being a good father. He does have rights.

Dad is also going to have to sign off on any passport given and he might not do that.

If you see a divorce in your near future, see an attorney who can tell you the possible outcome.

 

[jimmysgirl]

I think you have every right to take her if he is not a good father...

it doesnt matter if he is a good father or not- he is THE father, and he has every right to object to his child moving to another country. she chose him to have a child with, and he has as many rights as she does, wether hes a good father or not

 

[Mom2Girls]

I find that SO interesting. Why do inactive non-custodial parents have the right to stop active custodial parents from obtaining passports?

I feel like I should be able to take my child wherever I want, after all I provide support, I have custody, all her dad has is reasonable visitation and he has yet to exercise said visitation in at least 2 years, so the fact that I would need him to sign a consent to take my child on vacation is so sickening.

How do they check for that anyway. I understand international flights, but domestic travel seems like it would not be an issue, I've never seen anything more than a boarding pass requested...