Can a father who has joint custody take a child out of the country without written permission from the mother?

Answer 1

If you and your husband have a good understanding of what is best for your child and you are only going out of the country for a short time, then a letter of approval would be great from your ex. It is always best to go through a lawyer and be sure because if you don't get along with your husband on the custody issues presently enacted and you do leave the country your husband has a lot of power to take you to court and gain full custody of your child. Taking a child (even your own) out of the country is considered kidnapping if the other parent has any parental rights! It's the judge that made the decision on the custody basis and it should be the judge that gives the OK on you leaving the country with your child. You always want to protect yourself against any reprisals from your ex. Say you had to go away to see family (emergency) and would be in another State or Country for a month or two. If you don't go through the proper process your ex could file contempt or kidnapping charges against you.

Since you have joint custody and he has a court order to see and have the child you are making it impossible for the court order to work if you take the child to Another Country so you therefor need his permission.

Upon arriving in a foreign country, the Immigration officials will ask for written proof that BOTH parents consent to the child being removed from the USA. No proof, you are on the next plane back to the USA. And if your child happens to have a different surname than yourself, even a travel consent letter of the other parent could be questioned. This could turn very nasty and bitter really quickly. Get the Father's permission first, before doing anything. It would make everything much easier in the future. Just something to think about.

Answer

No. The advice is the same for either a mother or father traveling alone with a child. If you are traveling alone with your child you should be aware that concerns about parental abductions has made border officials more vigilant when they find a child traveling alone with one parent. You should be prepared to produce documentation such as a letter of authorization or travel consent signed by the other parent. In some countries you may not be asked for it. In others, you will be detained until your authorization can be reviewed by officials. The child may even be questioned about the other parent. You should also note that you may have trouble re-entering the country of origin. In the US a passport application requires the signatures, or a notarized permission letter, of both parents to take a minor child out of the country.

You should consult an attorney to have the proper documentation prepared.

Answer 2

Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to move. If possible, work out the negotiations between yourselves and have a court mediator make the changes, to save on legal fees. There will be issues regarding visitation (you will probably have to pay at least half of the cost, if not all for transportation of your minor child to travel back and forth between your residences) and reasonable parenting time must be set up for the father. ANSWER However, if the mother is only taking the child on a very temporary vacation, she should simply try to avoid any interference with visitation. The mother should let the father know where they will be or how to reach them in case of a family emergency.

Answer 3

Whether or not a mother can take a child out of the state without the father's consent depends on the custody order that is in place. If there is no formal agreement, she does not need permission to leave the state with the child.

Answer 4

If your not married, she can go anywhere she wants to, she has custody, she is single, then you can't tell her where to move. If you are married, then it can be up to the judge if the child can be taken out of state.

Answer 5

Once a court acquires jurisdiction over a family through a divorce proceeding, it retains jurisdiction over the minor children. If the father objected to the removal of the child there would be a hearing and the court would hear evidence. It may not allow the removal of the child from the state. The focus of the hearing would be the best interest of the child and that the father's rights of visitation not be violated without good reason. The mother would be allowed to provide evidence that the move would benefit the child. The court would review all the testimony and allow or deny the motion.

Answer 6

First, in the United States there are rules specific to divorced families. According to the US Department of State, under Public Law 106-113, Section 236, both parents must give their consent before a passport will be issued for any minor children under the age of 16.

A parent with joint custody should notify the other parent when they will be traveling out of the jurisdiction with their child.

In addition, and in this day of parental kidnappings, a single parent traveling abroad with a child may face extra scrutiny and officials will want a signed consent from the other parent. Some countries now will not allow a lone parent with a child to enter the country unless there is written authorisation from the other parent.

The parent should seek advice on how to do it right well ahead of the proposed travel dates.