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How can I get legal document to travel with my child.

Discussion in 'Child Custody & Visitation' started by Ameliamir, Jul 8, 2019.

  1. Ameliamir

    Ameliamir Law Topic Starter New Member

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    Hello, my name is Amelia and I am the mother of a beautiful 2 year old boy, Isaac. Currently I am responsible for caring for my child. The father has not had any physical contact and has not provided financial help since child was 6 months. The father is on the birth certificate as we were together when the baby was born but he moved to PR and refused to come back to RI even after hurricane Maria happened. I refused to bring my child to PR as things were very unstable and for that reason we broke up. I don't want my child to grow up without knowing who his father is so, they talk on the phone and I allow them to Skype once a week. He is not paying child support as he is not working and is helped financially by his mother. I recently asked him for legal document allowing me to travel outside the country since my family is planning a Christmas vacation outside the states but he refuses to sign. I think it's unfair since he is not part of my child's life and I feel very limited to what I can do with Isaac. How can I get a legal travel document without father's consent and what are my chances for fighting for sole custody?
     
  2. mightymoose

    mightymoose Moderator

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    First of all, do you even have an existing custody order?

    If you are unmarried and there is no existing order you may not need his consent at all. He doesn't have any parental rights.

    If there is an existing order, or if you are certain his consent is REQUIRED, you will need to get back into court.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Only one way. Go to court and get awarded full custody.

    Children Under 16

    Then you won't need his consent.

    I can't guarantee it but I think his abandonment of you and the child and his refusal to come back to the US may give you a good shot at it.

    I suggest you talk to an attorney who practices family law in RI.
     
  4. Zigner

    Zigner Well-Known Member

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    Here is the information about the passport: Passport for Child without Parent's Consent

    There's no way we can guess the chances at your odds of receiving "sole custody". You will need to go to court. Even if you don't have "sole custody", the judge can order that the other party sign for the passport, or that you are entitled to obtain it without the father's consent.
     
  5. Zigner

    Zigner Well-Known Member

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    The father is still in contact with the child on a regular basis. I agree that sole legal custody is possible, but there's a good shot a joint legal custody as well.

    Even if the OP doesn't get sole legal custody, a court-order allowing for mom to obtain the passport is another option.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Your subjective opinion about your child's level of attractiveness is not relevant to any legal issue.

    I assume you are not and never were married to the father. Correct? Other than his name being "on the birth certificate," was paternity ever established? If so, how was it established? Is there any court order regarding child custody, visitation and/or support?

    Regarding the first part of this question, read info at this page.

    Regarding the second part of this question, it seems you already have de facto sole custody. If you want to seek legal sole custody, you'll have to file appropriate papers with the court. Given that we know nothing about you, we have no way of assessing "chances," but if the father doesn't contest, then you'll likely win by default. Consult with a local family law attorney.
     
  7. leslie82

    leslie82 Well-Known Member

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    Were you guys married when the child was born? Did you divorce if so? If divorced, is there a custody order in place? If there is a custody order you abide by that. If there's not and you are still married to him, then he could even come take the child from you and there's nothing the police could do to stop him.

    If unmarried when the child was born, did the male ever establish his paternity via RI law? If not, he has no rights to the child at all and you don't need his permission for anything.

    I see you asked about sole custody - so that means there's no custody order in place. Depends on when the child was born and if the other parent has any legal rights or not to start with.
     
  8. Zigner

    Zigner Well-Known Member

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    leslie82 - the OP's concern is about being able to travel for vacation out of the US.
     
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  9. leslie82

    leslie82 Well-Known Member

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    Yes I realize that - and that's why I asked if there is a custody order or not because that can affect the travel. She said that she's seeking sole custody so there's not one - so then I asked if he established his paternity or not. If not, he has no rights. Therefore he has no bearing in if she takes the child out of the country if that's true. If he does have parental rights/paternity then his approval comes into play.
     
  10. Zigner

    Zigner Well-Known Member

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    The OP also addressed that:

    The father is on the birth certificate, so the question of paternity establishment is moot.
     
  11. mightymoose

    mightymoose Moderator

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    Not necessarily so. Having the name on the birth certificate does not by itself establish paternity. There typically is also an acknowledgement retrired by the alleged father.
    The mother's declarative of the father in the certificate PLUS the father's submission of acknowledgment together establish paternity.

    The real question here should be whether at the time of birth or any time after the father submitted RI's required acknowledgment of paternity. It would be the father's responsibility to produce this document to assert his rights since the parents are unmarried.
     
  12. Zigner

    Zigner Well-Known Member

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    I never said it did. I said that the name on the birth certificate renders the question of paternity moot. I meant that with regard to the process of obtaining a passport. Since the father is listed on the birth certificate, the OP is NOT able to just apply without the father's consent...there is more work needed. That is what this whole thread is about and you need to read what I wrote in the proper context.
     
  13. leslie82

    leslie82 Well-Known Member

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    Not necessarily...and that doesn't always mean rights were established. Nor does it mean there is a parenting plan in place either.
     
  14. justblue

    justblue Active Member

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    The very fact that the BC list's a father means that OP can not get a passport without Dad's consent or consent of the courts.
     
  15. Zigner

    Zigner Well-Known Member

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    Exactly.
     
  16. mightymoose

    mightymoose Moderator

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    Pot.... Kettle....
     
  17. Zigner

    Zigner Well-Known Member

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    Sorry, I don't understand. Please go back and re-read the thread, slowly.
     
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