A certified letter must be sent to either parent requesting the travel. Information must include dates of travel and the purpose of travel. EX: taking cruise vacation, 4-11-2009 thru 4-18-09. Child will return to residence on ending date. The recipient must respond within 30 days. However, either parent traveling must provide legal documentation as to relation to the child.
In answer to your question about needing consent fron the joint legal parent in order to travel abroad, I am also in the same situation. I contacted the national US passport office and I was unfortunately informed that "yes" if you have joint legal custody and sole physical custody, you will still needed to get consent from the other parent.
For background info see CA Family Law code 3048
http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm#Foreign%20Travel
I was very sad to see the last response to your question. I am also in the same situation. I have been told that one can write to the Judge who issued a person's dissolution and ask for an Order allowing the child to travel out of the U.S., listing the dates of travel. I do not know if this is true. I have only begun to explore possible options. I guess that "might" be an option to check into. It is frustrating though, that every time a person would like to travel (to Canada for instance, if close to the boarder) one would need to seek permission from the court,then. My Ex has been MIA for over four years.
If your child does not yet have a passport, or when you renew the passport, the ex-spouse can either 1) appear with you at the local passport office or 2) sign a form the office will give you explaining why he/she is unable to appear, but agreeing to the passport issuance. If you cannot do either of these, I was told by the office that a local judge can give you permission for the travel if you fill out this same form explaining why your spouse is unwilling or unable to appear and agree to the issuance of the passport.
If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
The legal guardian is the one who can give consent.
If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.
Not without consent of the other parent. In Michigan the Parent with custody has to live with in 80 miles of the other parent, or get written consent from the other parent and get that consent approved by the courts to live outside of that 80 miles.
If the other parent have visitation rights you will need their consent as well as the courts.
You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.
You indicate they have "Contact", but what is the status of Custody? If the Father has visitation, partial or shared custody, legal& or physical....No, you cannot change the Surname of the child without the Fathers explicit consent!!
Adding to the question it is in the commonwealth of virginia.
You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.
If your mom has physical custody by a court order then your dad must return to court and request a modification of the custody order. It will be easier if your mother will consent.
Physical custody means that a person (typically the parent) has the right to have the child living with them. This could be sole physical custody, or even joint physical custody in which the parents share custody of their child.
Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.
No. If your mother has sole legal custody she can consent to your getting married.
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
No. You need the consent of your legal guardian
Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.
Custody has to go through the courts so you have to petition for it.
Joint legal, and limit joint physical. see link below
Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.
Consent... and it depends on who has legal custody.
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
If he has visitation and pay child support you need his and the courts consent.
If this relates to custody, age 18. see links