How do you avoid being accused of kidnapping your child when you want to leave the country with them in conjunction with a divorce?

Answer 1

The charge would be parental abduction, which is not the same in the eyes of the law as is a kidnapping by a stranger. Be that as it may, a parent cannot obtain a passport or visa for a child without having a court order allowing the action or a signed, notarized statement from the absent parent stating that they have consented to the action. In some cases officials will contact the absentee parent to confirm that permission has been granted before issuing a passport or visa.

Attempting to remove a child from the country while custodial rights are pending is a violation of state and Federal Laws and is subject to the termination of the parent's rights to the child(ren) and possible imprisonment. Grandparents and other people acting in your stead often are under the same constraints.

Answer 2

Unless the child or yourself is truly in danger you should remain in the country and be above board in custodial matters. Parenthood is not a matter of ownership. That said, there seems to be more latitude if you do this when you are not in the process of divorcing or have divorced. In most cases, as the children grow older, the agreements often change as they become more involved in activities. It is helpful to have that other parent, however imperfect, as a backup.