Ask Experts Questions for FREE Help !
Ask

Does the father have rights even if he has nothing to do with the child?

Asked Feb 17, 2012, 01:48 PM — 10 Answers
I know someone who has a son of 6 she wants to take him abroad the boys father has not bothered with him for 3 years nearly.
Does the father have the right to say she cannot take out the country because his names is on the birth certificate?

10 Answers
Eileen G's Avatar
Eileen G Posts: 1,569, Reputation: 1453
Ultra Member
 
#2

Feb 17, 2012, 04:08 PM
Yes, fathers have rights. And responsibilities. Is he paying child support? If not, she should take him to court and make him pay. The child has the right to the support of two parents.

A father does have to the right to object to a child being taken away from where he can visit, but if you are talking about taking the child for a holiday, it should not be an issue.
Helpful  (1)
cdad's Avatar
cdad Posts: 10,954, Reputation: 6540
Internet Research Expert
 
#3

Feb 17, 2012, 04:11 PM
Quote:
Originally Posted by Eileen G View Post
A father does have to the right to object to a child being taken away from where he can visit, but if you are talking about taking the child for a holiday, it should not be an issue.
Atleast in the United States and other countries too have a requirement of a permission slip from the other parent when taking a child out of the country. Also it should include an itinerary for the trip.
Helpful  (1)
ScottGem's Avatar
ScottGem Posts: 58,014, Reputation: 28110
Computer Expert and Renaissance Man
 
#4

Feb 17, 2012, 04:41 PM


This should help:

Minors Under Age 16
Helpful  (1)
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
 
#5

Feb 17, 2012, 05:01 PM


Your friend, should have of course court ordered child support for the child. There should be a custody order explaining rights and duties. The one parent can take the other to court to attempt to force them to allow the trip.
Helpful  (1)
AK lawyer's Avatar
AK lawyer Posts: 9,916, Reputation: 4207
Expert
 
#6

Feb 17, 2012, 08:04 PM
Quote:
Originally Posted by ScottGem View Post
This should help:

Minors Under Age 16
The important part is this. To apply for a passport for the child, you must have either:
  • both parents' consent; or
  • a "Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)"
Helpful  (1)
Mzimkhulu's Avatar
Mzimkhulu Posts: 4, Reputation: 10
Junior Member
 
#7

Feb 18, 2012, 04:58 AM
thank you all for helping. it is only a holiday the boy has a passport as he went portugal 2 years ago he does not pay child support his not interested. plus i know there wont be no court as the father is unemployed.
Helpful
AK lawyer's Avatar
AK lawyer Posts: 9,916, Reputation: 4207
Expert
 
#8

Feb 18, 2012, 05:07 AM
Quote:
Originally Posted by Mzimkhulu View Post
... the boy has a passport ...
They are in the U.S.? How did she get him a passport before?
Helpful
ScottGem's Avatar
ScottGem Posts: 58,014, Reputation: 28110
Computer Expert and Renaissance Man
 
#9

Feb 18, 2012, 05:13 AM


Quote:
Originally Posted by Mzimkhulu View Post
thank you all for helping. it is only a holiday the boy has a passport as he went portugal 2 years ago he does not pay child support his not interested. plus i know there wont be no court as the father is unemployed.
The fact that he already has a passport may be enough. But I found this here (http://askville.amazon.com/paperwork...estId=281779):

Required Documents For Travel With Minors
by Kyle McCarthy

Solo Parents, Grandparents and Guardians need to meet certain legal requirements before taking a child under 18-years-old out of the US.

Did you know that a child departing the United States and traveling with only one parent, a guardian, grandparents or other adults, must have written and notarized permission from both birth parents or legal guardians to enter many countries, even on a cruise ship's shore excursions?


I would follow Mr McCarthy's advice further down in that article:
This is a complex issue, so be sure to call the National Passport Information Center with questions at their toll-free phone assistance line, 877/4USA-PPT (877/487-2778 or 888/874-7793 for TDD/TTY help); or visit check the NPIC website before arriving at their office for an interview.

You do not want to get to the airport and be refused embarkation.
Helpful
Mzimkhulu's Avatar
Mzimkhulu Posts: 4, Reputation: 10
Junior Member
 
#10

Feb 19, 2012, 04:46 AM
they live in the UK. not sure how she got passport.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

If I file for child support does that give the father rights to the child? [ 4 Answers ]

I want to file for child support, but do not want the father to have too many rights. The child has my last name. Will he gain rights if I file for child support?

Can father of my unborn child receive custody or visitation rights after child is bor [ 5 Answers ]

I am pregnant and the babies father is going after custody or visitation when the child is born. He is very abusive and does have a violent record from the past. He is been making many threats towards me and my unborn child. He has even stated that once he has the child in his hands he stated that...

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...


View more Family Law questions Search