My fiance has a 4 year old daughter and the mother ( a friend of mine ) told me that she was leaving the state with his daughter for a 2 week vacation but never told the father, does she have the right to do that with out his consent? Also, they are planning on going out of the country in the summer and she does not plan to tell him about that, so does she have the right to do that too? His name is on the girls birth certificate and his daughter has his last name as well!

oneguyinohio

Does she have a pass port for the child? As a father, I was asked to show some proof of my son's mom giving her permission for me to cross the border into Canada, and back to United States...while traveling with my son without his mom present.

I'm not sure about the travel issues surrounding vacations or short term travel outside of state.

Brycesmommy111

No she does not have a pass port yet for her but I am sure she will get one. But I thought that even though they are not together and that his name is on the birth certificate she had to have his permission to leave the state much less the country. I think the reason they asked you for proof is because you are not the mother and the mother has all these rights to the children that the father does not have which I think is rediculous but thats how the law works here. But anyway, I just dont know what to do about her leaving the country because she would NEVER EVER allow him to take his own daughter to eat without her (the mother ) let alone out of state without her ( the mother ).

macksmom

If there is no court order for vistation and/or custody, the mother can go wherever she pleases with the child.

The fact that he is on the birth certificate and the child has his last name has nothing to do with her ability to travel or move with the child.

If there is a court order for visitation and/or custody the mother should have consent from the father before leaving the state with the child. In the matter of leaving the country for vacation, the mother would have to have a notarized letter of consent from the father.

It sometimes depends on how well the customs check these things. I was told I needed a notarized consent from my daughters father to take my daughter to Jamaica. He had not seen my child in over 2 years at that point, so I didn't get one. I brought my custody papers to show I had full custody, hoping that would get us on the plane without any problems....you know what happened??? They didn't ask me for ANYTHING. I was able to travel to Jamaica without any consent from the father.

I would suggest you fiance file for visitation and include that he is to be notified if the mother is traveling with the child, if that is something he wants to know.

Fr_Chuck

There is no law that the other parent can not take thier child out of state or county, What happens, is that when the two file in court for custody, and they get custody rights, visitaiton rights and child support assigned, they can also ask that the other can not MOVE out of state, This does not apply normally to vacation and trips unless they would interfere with schedulted visit times.

So if there is no court orders in place, you need to file and get legal status of the custody of the child