Legal Question in Family Law in New York

Keep in mind that, prior to be able to fly, you need a notarized written consent or permission to travel from your husband in which he agrees to allow you taking the baby outside the country. If you don't get the authorization and you still can manage to get out of the country with your baby, you could be accused of "kidnapping" your child and might face criminal charges.

In your position, especially in view of the implied high possibility that once you are back home with your parents you will never come back, it is recommended that you file for divorce first, agree on child custody, support and visitations issues in a court order/decree, receive your final divorce decree and then flying out of the country with your baby (still need the notarized permission/consent to travel from your husband). It might take a while to complete all that, but at least you will be able to fly with your baby legally.

You should contact a family lawyer in New York that also is an expert in international child abduction cases to get the correct legal advice in your case and help you with the divorce proceeding.

And, last but not least, yes: you need a passport for your baby to fly overseas.