question about taking my baby with me

[sam808 0]

if i take my baby with me, will i be charged for kidnapping? i haven't filed for AOS and i am already out of status. i want to stay in america. i want to leave my husband and take my baby with me. what should i do? and by the way my baby was born in the US.

[Scott and Mhay 57]

Do you have your advanced parole? Does the baby have a passport? If you have both those things, just have your husband give consent for you to go on vacation. He will have to sign for you to get the passport too if you dont already have one. I am assuming you are trying to take a vacation right? If you dont have advance parole, you will not be allowed back in the US if you leave now.

Edited January 8, 2010 by Scott and Mhay

[Scott and Mhay 57]

After re reading and thinking about your situation...you are talking about just leaving your husband? If you run away with his baby, you can be charged with kidnapping. If you are leaving him because he abused you, then I would get the police or a lawyer involved.

[VanessaTony 3,567]

This is the original post about this

http://www.visajourney.com/forums/index.ph...=229818&hl=

Your question was more than answered here.

[Marzy 1]

if i take my baby with me, will i be charged for kidnapping? i haven't filed for AOS and i am already out of status. i want to stay in america. i want to leave my husband and take my baby with me. what should i do? and by the way my baby was born in the US.

Your husband has right to see his child as you. USA is not same as Philippines. Here, you get in trouble for using your child against your husband/wife. Unless if s/he abuse his/her child(ren), s/he is dangerous near his/her child(ren), and/or other problems may cause to lost your children. Anyway, what's the problem you're leaving him? You can tell me and others, so we may able to help you emotionally or other advice you need.

Edited January 8, 2010 by Fresgal

[sam808 0]

Your husband has right to see his child as you. USA is not same as Philippines. Here, you get in trouble for using your child against your husband/wife. Unless if s/he abuse his/her child(ren), s/he is dangerous near his/her child(ren), and/or other problems may cause to lost your children. Anyway, what's the problem you're leaving him? You can tell me and others, so we may able to help you emotionally or other advice you need.

i am leaving him because he's been abusing me emotionally and everything. he physically hurt me before too. i dont know what to do.

[Marzy 1]

It's hard to prove emotional abuse.

[sam808 0]

It's hard to prove emotional abuse.

how can i be charged of kidnapping when the baby is my own...

[mrs.sr 0]

i am leaving him because he's been abusing me emotionally and everything. he physically hurt me before too. i dont know what to do.

this advice is not so much visa related but hearing that your husband physically hurt you made me worried...

I am so sorry to hear that your husband is being abusive - this is a serious matter, emotional abuse is very serious and physical abuse is dangerous for you and your baby! This kind of abusive behavior also escalates. It would be a bad idea to try to leave with the baby without any kind of court order especially because emotional/phsyically abusive men can look perfectly "normal" to the outside world, and especially in today's world where money can get you a great lawyer, It could be disastrous to get stuck in a situation where you took the child without your husbands consent. I would suggest you could try calling the National Domestic Violence hotline, it is free and they can provide more advice - http://www.ndvh.org/

It is especially scary for you because of your legal status in the US - but that hotline can also help you http://www.ndvh.org/is-this-abuse/informat...for-immigrants/ , 1-800-799-SAFE (7233)

domestic abuse is a very serious issue and no, your marriage should not be one where your husband gives you orders and then you have to do everything that he says. your husband is taking advantage of the fact that you do not know the laws and you have precarious status in the US, and threatening you that if you leave him with the baby then he would file kidnapping charges - this is NOT OKAY!

I wish you the best of luck in your situation - please be safe..!

-a

[Brother Hesekiel 2,236]

1) Since you didn't file for AOS, you most likely cannot stay in America.

2) The only way for you to take your child with you when you're traveling back to the Philippines is when her father agrees to it, in writing.

3) If your husband doesn't agree, you won't even be able to get on board with your child.

4) If you try to "hide" in the US you are indeed committing kidnapping, a felony with years of prison attached.

The only solution I can see without digging deeper, is to seek help for your child and yourself from what you say is an abusive person. That maybe a charity, the police, or an organization. Not sure how they would be able to help you in staying in the US though.

I'm sure others will be more specific.

[Anh map 2,098]

Go talk with a family law attorney to get real advice based on all the information about your situation.

After figuring out what you need to do about divorce/child custody, etc. then talk with an immigration attorney.

This is not the type of thing to guess at with us here on VJ, no matter how well meaning our advice.

[Dakine 26]

i am leaving him because he's been abusing me emotionally and everything. he physically hurt me before too. i dont know what to do.

he physically hurt me before too. i dont know what to do.

If that's true report him to the police.

[-B&T- 1]

if i take my baby with me, will i be charged for kidnapping? i haven't filed for AOS and i am already out of status. i want to stay in america. i want to leave my husband and take my baby with me. what should i do? and by the way my baby was born in the US.

Sorry about your situation. Here in US they have a very strict law when it comes to children you cannot just simply take your kid with you if you want to leave and go back to Phils. You will be in trouble if you will do it. You need to calm down and think. Do you know anybody in your area? Friends? Relatives here in US that may assist you in this battle? You should have called the police immediately when he physically hurt you before so you have a police report it might help you in this case. Listen to the peoples advise here you need a lawyer. Ask help from the Church or contact Domestic Violence Agency for assistance immediately. You are already out of status and your husband is taking advantage of the situation coz he knows he is on top of the game… you need to act now .Good luck.

[christeen 966]

Sorry that things have come to this and it is really sad that the baby is stuck in the middle. Unfortunatly, you cannot just take your child if the father does not agree to it. You should not stay in a dangerous situation and first need to take steps to make sure you are safe. There are some great suggestions here and in the other post regarding people to contact.

Now about being charged with kidnapping if it is your own child. Yes it is very possible if you try to leave with the child you can be charged. That is because it takes two to make a baby and if only one parent is taking the child from the other parent then that is wrong. If the two of you cannot come to an agreement for the sake of the child, then It is up to family court and qualified people to determine where the child gets placed. Try to also think of it from this perspective, what if the father suddenly thought "I want to leave with my baby and not let you see him/her" would you not think that he kidnapped your child???

I cannot comment on your home life situation and how dire it is, but you are in a very precarious position regarding immigration. Without adjusting status you are in visa violation and it will be difficult to overcome this in order to stay here. I think it is best to contact a lawyer and family services to get more specific information... Good luck

[When2RNLove 6]

if i take my baby with me, will i be charged for kidnapping? i haven't filed for AOS and i am already out of status. i want to stay in america. i want to leave my husband and take my baby with me. what should i do? and by the way my baby was born in the US.

A passport definitely will NOT be issued for the child unless you have sole custody. I took my daughter to Manila with me and I showed my Custody Order and had no problems getting her Passport. The paperwork for the Passport stipulates both parents must be present