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-   -   Does the father have rights even if he has nothing to do with the child? (https://www.askmehelpdesk.com/showthread.php?t=636824)

  • Feb 17, 2012, 02:48 PM
    Mzimkhulu
    Does the father have rights even if he has nothing to do with the child?
    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?
  • Feb 17, 2012, 05:08 PM
    Eileen G
    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.
  • Feb 17, 2012, 05:11 PM
    cdad
    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.

    At least 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.
  • Feb 17, 2012, 05:41 PM
    ScottGem
    This should help:

    Minors Under Age 16
  • Feb 17, 2012, 06:01 PM
    Fr_Chuck
    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.
  • Feb 17, 2012, 09:04 PM
    AK lawyer
    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)"
  • Feb 18, 2012, 05:58 AM
    Mzimkhulu
    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 won't be no court as the father is unemployed.
  • Feb 18, 2012, 06:07 AM
    AK lawyer
    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?
  • Feb 18, 2012, 06:13 AM
    ScottGem
    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.
  • Feb 19, 2012, 05:46 AM
    Mzimkhulu
    They live in the UK. Not sure how she got passport.
  • Feb 19, 2012, 05:53 AM
    ScottGem
    Quote:

    Originally Posted by Mzimkhulu View Post
    they live in the UK. not sure how she got passport.

    And you didn't think that was important? Especially after we linked you to US sites?

    Try this site for help

    Passport applications and child abductions : Directgov - Travel and transport

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