Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody:

• Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
• Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used to refer to a parent with sole legal custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custodymeans the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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.

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.