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t s john · Feb 21, 2009, 04:19 PM

Hi. I have a 3 month yr old son and his birth certificate has his fathers name on it. For the 2 yrs that I have been married to him, he has been physically abusing me. I never called the police since I didn't think I had any rights here since I am on an H4 visa. Now I am afraid for my child's and my safety and I just want to take him back to my home country with any problem from here. I also have to come back here for a college interview a few months from now. I need to get a letter from him allowing me to have full custody of my child and allowing me to take my child from here and leaving him with my parents back home when I come here for the interview. I don't know how to word it so it will be valid in a court if in case we file for divorce in my home country. Help

Fr_Chuck · Feb 21, 2009, 04:51 PM

If you are in the US, you don't need a letter, you need a court order. You file a motion in court, and he signs it if he agrees, If

Your first stop will be a divorce attorney.

ScottGem · Feb 21, 2009, 04:56 PM

No letter no matter how worded, will be valid. Only a court can approve custody.

Furthermore, if you take the child out of the country and then return you could be arrested.If you want to divorce, him then do so.

cdad · Feb 21, 2009, 05:08 PM

I believe there may be a misunderstanding here with the " letter " . Since your in the U.S. the only way to have a change in custody would be to go through the courts. The letter that maybe your friends are referring to is one for travel.. its not really for custody and it allows you to travel with the child. If you were to violate that letter you would be guilty of international kidnapping laws and face serious time in prison. So best off you try to find a lawyer and get everything straight before you attempt anything that involves moving the child anywhere.