When a child under the age of 18 is traveling outside the U.S. with only one parent or a third party there must be notarized written permission from the absent parent(s) or legal guardian. Without this authorization the parent/adult would not be allowed to legally take the child out of the U.S. If the joint custodial parent feels there is the possibility of the child being taken w/o their consent, they need to contact the authorities. The objecting parent must be able to show proof of their custody rights, preferably custody documents issued by the court.
Unless the parents are legally divorced and you are the 'custodial parent' you cannot. This is a Passport Office regulation which is in place to prevent one parent from removing the child from the country wihout the other parent's consent or knowledge. CAUTION: If the parents have joint custody, awarded by divorce or a child custody decree, check your paperwork carefully! You may find that your court decree forbids removing the child form the country (or in some cases, even the state), without the other parents consent.
If the parent who wants to move is the parent with physical custody the move will be easier with the consent of the non-custodial parent. The court will seek their consent. If they do not consent then there will be a hearing. There are circumstances when the court will allow the move, however, there must be a very good reason. If allowed, the court will modify the visitation schedule to make certain the non-custodial parent will continue to enjoy as much time with the child as possible. On the other hand the court may decide that a change in physical custody is appropriate if the parent who wants to move far away is doing it for a new job that is not exactly necessary or for a new marriage. You should consult with an attorney who specializes in custody issues.
The father may file an emergency petition (called an ex parte) for custody in the court of jurisdiction over the child based on the same. A court may also require that the mother have supervised visitation only to prevent her from leaving the country with the child. And last but not least, a parent's threats to flee may be a factor in whether or not to make a custody modification. Parents really should not threaten each other in such a manner. It can have some unpleasant consequences.
As far as I am aware, no matter if she is under TPS, unless you have given consent for the child, seeing is if YOU are the biological parent, to leave the country or there are court documents stating the even that she is leaving to her home country then it is technically considered Kidnapping, from what I have been advised I would take further action regarding going to court to prevent such events as this and establishing it in front of the judge and courts.
You cannot. The US Passport Office has regulations against issuing passports to minors without BOTH parents consent. The reason for this is to prevent one parent from leaving the country with the child against the wishes, and without the permission, of the other parent. Contact your installations legal affairs office for further information.
CUSTODY or make an arrest? What do you mean by custody? If he is picking somebody up it requires a judges order (warrant), and for a judge to sign a warrant, the police have to provide the judge with probable cause. An officer can make take someone into custody if a probation officer reports a probation violation or if the officer witnesses the person committing the crime. If an office doesn't follow proper procedure, has to answer to the court as to why he did what he did. There are checks and balances that help prevent violations of these rules, in most cases.
The court takes a somewhat different view of military personnel than it does civilians. If the person is the primary custodian (meaning the children reside with them the majority of the time) the consent of the other parent is not required when they are transferred. The obvious reason the court sanctions this action is the parent has no control over the situation and must literally "follow orders." This does not prevent the other parent from petitioning the court for full custody or requesting to be appointed the primary custodial parent.
Their rights are set forth in several different areas such as the laws of the state that has jurisdiction over the child, federal law regarding travel out of the country,court orders for custody and visitation and divorce agreements. Any deviation from them would have to be addressed by a court order.If they have joint legal custody they have the right to be included in all decisions that affect the child, the right to access school records and medical records, etc. They have visitation or shared custody rights as set forth in the visitation order, custody order or separation agreement associated with a divorce.Fathers who have visitation rights but not legal custody have the visitation rights and any other rights set forth in the visitation order, custody order or separation agreement associated with a divorce. SEe the related question for a more detailed explanation of custody.They also have rights including but not limited to the following:following rights:To petition for more parental time with their child[ren], or an adjustment in child support.The right to see all of their medical records and school records and attend all school meetings and activities.You also have the right in most states to ask the court to prevent your child from being moved so as to interfere with your visitation rights and involvement in the child's life.If the custodial parent wants to travel out of the country with the child they have the right to be informed and the other parent needs their consent in writing.
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