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    Brycesmommy111's Avatar
    Brycesmommy111 Posts: 2, Reputation: 1
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    #1

    Dec 27, 2007, 12:57 PM
    Can a mother leave te state with a child without the fathers permission
    My fiancÚ 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's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #2

    Dec 27, 2007, 01:07 PM
    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's Avatar
    Brycesmommy111 Posts: 2, Reputation: 1
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    #3

    Dec 27, 2007, 01:59 PM
    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 ridiculous but that's how the law works here. But anyway, I just don't 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's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Dec 27, 2007, 02:01 PM
    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 fiancÚ 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's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #5

    Dec 27, 2007, 03:39 PM
    There is no law that the other parent can not take their 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
    dante08's Avatar
    dante08 Posts: 1, Reputation: 1
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    #6

    Jun 11, 2010, 03:06 AM
    I have a son aged 2 and a half yrs,born in australia and lives here in Australia while his natural father is a PNG citizen and lives in PNG.He hasn't seen his son in over a yr,wondering if its okay to bring him over to PNG and leave him with his father for couple of months.Do I need to bring a letter of consent of some sort to show to immigration officials and would that affect me coming back to australia without him?
    AidanMP09's Avatar
    AidanMP09 Posts: 1, Reputation: 1
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    #7

    Aug 25, 2012, 01:08 PM
    My son's mom was born in canada she moved here with her mom and dad when she was in seventh grade. She got married had 2 kids. Got divorced and lost rights to her 2 kids. Then we get together and have a son who 2 1/2yrs old. For some reason my name isn't on the birth certificate. She says the hospital sometimes doesn't put the fathers name on there if the parents aren't married. Now her and her mom want to go back home and take my son with her. Can I do anything to stop her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #8

    Aug 25, 2012, 01:19 PM
    Quote Originally Posted by AidanMP09 View Post
    My son's mom was born in canada she moved here with her mom and dad when she was in seventh grade. she got married had 2 kids. got divorced and lost rights to her 2 kids. then we get together and have a son who 2 1/2yrs old. for some reason my name isnt on the birth certificate. she says the hospital sometimes doesnt put the fathers name on there if the parents arent married. now her and her mom want to go back home and take my son with her. can i do anything to stop her.

    You have rights - if DNA proves you are the father - but you need a Court Order to exercise them.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Aug 25, 2012, 01:58 PM
    Quote Originally Posted by AidanMP09 View Post
    ... for some reason my name isnt on the birth certificate. she says the hospital sometimes doesnt put the fathers name on there if the parents arent married. ...
    It's not a matter of the hospital not doing things right. The reason is that the father of an illegitimate child is not, in most states, put on the birth certificate unless he signs an affidavit of paternity or gets a court order.

    Quote Originally Posted by AidanMP09 View Post
    ... now her and her mom want to go back home and take my son with her. can i do anything to stop her.
    Go to court and get a court order.

    Also, if a passport is needed, the consent of both parents is required for the issuance of a passport for the child.

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