How can I prevent my wife from leaving my son in Ghana when she returns to the U.S.?

I wanted to file a family plan with the court, but I found out I can’t do that since I’m not divorcing my wife. What can I do to prevent my wife from leaving my son in Ghana when she returns to the States?
May 2, 2025 7 3

Full Conversation

I wanted to file a family plan with the court, but I found out I can’t do that since I’m not divorcing my wife. What can I do to prevent my wife from leaving my son in Ghana when she returns to the States?

BrandyA0613

Hello! I’m a Family Law expert here to help you navigate your situation. It sounds like you're going through a difficult time, and I'm here to provide guidance to help protect your son's interests.

To clarify, what is stopping you from traveling to Ghana to pick up your child when your wife returns to the U.S.?

My son is with my mother in Texas, and my wife and I are in Georgia. My son has been with my mother for four years now.

My wife wants to take him to Ghana for a year, and I don’t want that. She says she’ll just visit with him, but I’m afraid she’s just telling me what I want to hear and might keep him there when she returns to the U.S. for her military service.

I thought about filing a family plan, but I found out I can’t unless I file for divorce. I also learned my only option is to have my mother file for guardianship, but I don’t want to give up my parental rights.

So I’m wondering what my other options are.

BrandyA0613

Does your son have a U.S. passport, and does the mother have access to it?

He does not have a U.S. passport.

Would an agreed order work, or does that have to be tied to an existing case?

BrandyA0613

Without a passport, your wife cannot take your son out of the country. Her only option would be to go to court and litigate the issue of taking him to Ghana for a year—but practically speaking, that process wouldn’t happen quickly.

To create an agreed order, there would need to be an existing court case.

Okay, thank you.