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-   -   Leaving country when father disappeared (https://www.askmehelpdesk.com/showthread.php?t=755389)

  • Jun 25, 2013, 12:16 PM
    ElizabethLizB
    Leaving country when father disappeared
    I am in a similar situation, My son is now 9 years old his biological father who signed and is on the birth certificate walked out on us when my son was 8 months old. The big issue with this, is I can not take my child out of the country without the "fathers" consent. Being that I am hispanic and would like to visit my country of birth it becomes a real pain because I have no idea where this men is in order to sign consent for me. He just disappeared out of the face of the earth and never gave me a penny for child support. There has to be something that can be done, it is so absurd to me and very unfair. This person continues to make a big negative impact on our lives because of his name being on the birth certificate is in a way giving him a right that he never earned and that is to be called the father of my child when that was never true. (Very disappointing) laws like this need to change for good.
  • Jun 25, 2013, 12:51 PM
    ScottGem
    You really didn't ask a question, but the thread you posted to was 2 years old and you do appear to have a solvable problem. So I moved your post to its own thread.

    You need to go to court to establish sole legal and physical custody of your child. If you get sole legal custody, then you can get a passport for your son so you can travel. You will probably be required to show a good faith effort to find the father. But assuming you can prove you tried and got no contact, then you should be granted sole legal custody.
  • Jun 25, 2013, 12:54 PM
    smoothy
    Its not unfair because too many parents of children would take them and disappear to some other country... Now they need passports and both parents legal permission... so.. inconvienient yes... unfair.. not really.

    Why haven't you atempted to collect child support through the courts... if they could not find him... then you would have some legal grounds to back your side up... otherwise they assume you might be planning a one way trip with the child.

    I'm certain there are other steps you can take so you can travel, without fear of problems in this situation... but I personally am not aware of what they are... however I am sure others will respond that do... so have patience and others will respond.


    Edit: I see you got those answers as I was writing my post. Good luck with what you have to do.
  • Jun 25, 2013, 04:06 PM
    ElizabethLizB
    Thank you so much for your help ScottGem, I didn't think there was any hope for fixing this. But now that I know I will go to court and get sole legal custody so that I can then get a passport for my son and be able to go where ever we want.
  • Jun 25, 2013, 04:14 PM
    ElizabethLizB
    Thank You Smoothy, I guess I did not consider that it is for the child's safety to make sure they are not taken out without consent. I have tried to collect child support but the courts were unable to find him. I have tried to find him as well and was unsuccessful.
  • Jun 25, 2013, 05:04 PM
    ScottGem
    Good luck! It would help if you have an attorney. But keep us posted.

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