If your name is on the birth certificate, your husband cannot legally apply for a passport for your child without your permission unless he has sole legal custody. Additionally, once divorce papers have been filed, your husband will not be allowed to remove the baby from your state/county, let alone overseas/across boarders, again if he does not have legal custody. At this point, you need to file for the divorce and ask the court for temporary custody; permanent custody will be decided when the divorce is finalized. You really need to consult directly with a local attorney on all of this; they can best advise you further.