Legal Question in Family Law in Texas

I have been married to a permanent resident now for over 3 yrs. We now have a 4 month old baby. I know that she qualifies to apply for full american citizenship since we have been married for over 3 yrs. What I want to know is what is the laws if she decides to take off with our child and go back to her home country with our child so that I can not see the child? She applied for an American passport and soon will be receiving it. We have been talking about divorce but I just am afraid she might just decide to take the baby and jump on a plane and head back for her home while I am working. I presently work out of state alot and it would be very easy for her to do. What are the laws as far as if she tried to do this since she just has a permenent resident card and the baby will have an american passport since the baby was born here in the U.S. Will immigration at the airport let her travel? Are there any laws to keep these permanent residents from just skipping off with an american citizen baby without permission from their american citizen spouse?


Asked on 9/23/09, 12:19 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need to hire an attorney, file for divorce, and ask for temporary orders containing language prohibiting her to leave the country with the child wh ile the divorce is pending.

Practically speaking, I am not sure whether airlines will accept a passenger that young.

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Answered on 9/28/09, 8:39 am


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