# Can a parent keep a child from the other parent?



## guywithquestions (Jul 16, 2019)

Hey all, I am urgently seeking your advice.

Google says:

"Sometimes taking your child from you is a crime, like "parental kidnapping." *But if you are married, and there is no court order of custody, it is legal for the other parent to take your child*. Or, if you are divorced and the other parent has sole physical custody, it is legal for them to take your child."

I am married and there is no court order. The situation is as follows:

- We are still legally married and I am the primary caregiver
- My 2 children and myself are currently vacationing overseas and visiting my parents.
- I purchased round trip tickets with an intent to return back to the USA when school starts in August with full consent of my spouse of course. 
- My kids have double citizenship. We are all traveling with non-US passports right now.
- My Dad has Alzheimers and his condition is worsening. We are now 1 week into the trip and it is becoming apparent that at this point he is no longer able to drive the car. He almost crashed the other day and just recently caused an accident.
- I am planning on staying longer than intended and helping out my mom and dad who are elderly.
- My lease in USA is coming to an end at the end of this month, I am not planning on renewing at this stage.
- I have a full-time job in the US but can work my job remotely.
- My spouse is bi-polar. She has no income, no income history for the past 15 years, no job, no bank account and usually spends most of her time with her boyfriend.
- I offered my spouse to make arrangements for her to move here for the time being as well.

She doesn't want to hear any of this and threatens to come after me for "International Parental Kidnapping" if I don't return to the states with the children.
Considering my parents circumstances who now require help and assistance, I have no intentions of returning and would like the kids to start attending speech classes and eventually school overseas

Is there a reason for me to be concerned? Frankly, my wife is quite nuts.


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## MattMatt (May 19, 2012)

We don't know. Only a lawyer specialising to this area of International law would be able to offer you the help and advice you need.


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## Diana7 (Apr 19, 2016)

Do they see their mum? If so then its not your place to not taken them back home. She agreed to a holiday till school started, and you have gone back on that. I am not surprised she isn't happy. 
Are there no other family members who can help your parents? Or paid carers maybe? Maybe they could move so that they don't need to drive.


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## SongoftheSouth (Apr 22, 2014)

*My spouse is bi-polar. She has no income, no income history for the past 15 years, no job, no bank account and usually spends most of her time with her boyfriend.*

Come again? You want her to move overseas with you? Get a court order - don't rely on google but the advice of a solid legal professional.


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## phillybeffandswiss (Jan 20, 2013)

We are not lawyers, neither is google advice, but the answer is convoluted. Yes, there are specific curcumstances where this can happen. There are waaaaaay too many variables for anyone to give you accurate advice. All I can do is scare you.

Talk to a lawyer, get advice on emergency custody and find out what you can do in your jurisdiction.

Do NOT let her go first. She just told you what she will do and I have seen ugly cases that start off sounding just like yours. It does not end well if lies are told. Your basic info above sounds like you could abscond with the kids and she could do exactly what she claimed.

Yes, you should be concerned. 

Sorry......


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