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can a Mother take a child out of the country without fathers' permission even if father abandoned him?
My friend is trying to visit England, from America, with her son. The father took off 9 months ago, never calls, writes, or sends child support. Can he get a passport without the two parents present? Her boyfriend lives there and is from there, and might get married someday. Can she bring her child to live there? Could the father throw a temper tantrum later if he decides to start caring and get her in trouble for moving out of the country, or prevent it in some way?
9 Answers
- JenniferLv 61 decade agoFavorite Answer
If both parents are on the birth certificate then yes she does need permission from the father to get the child a US passport. I've been helping a friend on this so I'm fresh on the facts. Your friend needs to go to http://travel.state.gov/passport/passport_1738.htm... and research what is required for a minor. If both of them are on the birth certificate then she must get a DS-3053 (link to this form on the link I provided) signed and notarized by the father giving permission to get the child a US passport. On the DS-3053 - Part 5 can be filled out by the mother explaining that the father abandoned the child instead of having him fill out parts 1-4. This can be turned in with the documentation but I'm not sure how sucessful it is. My friend is planning on doing this as the father of her child is not involved in the child's life.
EDIT: Wanted to add, if your friend is the only one on the birth certificate or if she has COURT ORDERED sole custody then the DS-3053 is not necessary.
- Anonymous1 decade ago
Yup, the child can get a passport without the father around. Your friend would just have her application done at the postoffice and have them check it, but she also needs her sons photo verified by a public servant over there (government worker that she nows..ie son's teacher will do).
She can bring her son to live here, but it's a lengthly process, lots of immigration red tape and forms to file. I wouldn't suggest such a move unless they are dead on getting married. It's a huge commitment with the child involved.
The father cannot bring any kind of case against her and her son because he abandoned them. The english legal system is like playdough. The father would have a weak case against them if he tried to stop anything happening. To be honest I really doubt he'd turn up.
Source(s): British ex-pat, married to an american for 7 years, both kids have dual citizenship. - 1 decade ago
Her best is to get a lawyer to have the father sign away his right if he abandoned the child and not wanting to pay child support it sound like he don't want to be a part of the child life I am sure he be happy to give up his rights to the child if she can't a fore a lawyer tell her to legal aid service in your town they can help her with the paper it free .Then she be free to take her child anywhere she want to go okay good luck hope this help .
- 1 decade ago
It's all in the child support court order. In my husband's court order it says his ex wife can not take his daughter out of the country with out a written notice from her and he has to agree. She needs to read it cause she can get her son taken away from her. Just because she has custody doesn't mean she can do what ever she wants. If you don't have a court order than I don't think it matters.
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- sashLv 51 decade ago
Here is what she can do. File for custody, full custody. She can find out all she needs to know when she does this. I don't think she would have a problem just visiting. I see no reason the father would have to sign but I am not sure about this.
- 1 decade ago
no. to most of your questions. there are certain rules you have to follow and documents requiring both parents signatures. make sure you talk to an attorney before you buy tickets. and for god's sake, dont' sign stuff for someone else and later fraud and criminal actions be taken. good luck. isn't easier for him to come here?
- 1 decade ago
She should get a custody ruling so that she has sole parental rights.
- gabbyLv 51 decade ago
touchy feely situation, and if he decides to care - yes he can make it hard for her