Can the custodial parent take a child our of the country without permission from the non-custodial parent?

Question

My daughter is 15 years old and has a passport. The passport was applied for without documentation for the non-custodail parent. We are planning a vacation to Mexico in 2009, however with the security at such high levels I'm affraid we will be unable to get through security at the airport. One additional detail to mention is that I am the only parent listed on my daughter birth certificate. Please also note my daughter has not had any contact with the non-custodial parent. Your feedback would be greatly appreciated.

Answer 1

yeah you have custody

Answer 2

You don't have to have any permission from him for anything . I have a 4 year old and the child has never seen his real father. I have never had any issues with needing him for anything or anything like that . I am also the custodial parent and my sons father is not on the birth certificate either. when you don't have the father on there it is as if the father is unknown or as if she never had one... Have fun with your lil girl in Mexico!!!!

Answer 3

If you have sole custody of the child then it should not be an issue.  A statement from a judge would be good to keep with the passport when travelling.  If the other parent lives in the same area and writes a letter stating she is ok to leave on a trip, then the letter and a photo copy of their drivers licence should be accompanied by the passport. It has worked for me in the past.  Good luck.  Better to have the note then have problems and ruin your trip.

Answer 4

If your kid has a US passport that's the end of the question.  Go to www.state.gov and look up rules on traveling to Mexico.  I don't think you'll have a problem at all.

Answer 5

No, no, no. The other parent can basically say you kidnapped the child if you leave the country without his permission. Even if he doesn't care about your daughter he can do it to get at you.

As far as border crossing goes, having only one name on the birth certificate will make it easier for you to cross. I know Amtrak requires a letter from the other parent to take the child across the border if you have 2 parents listed.

Answer 6

If the other parent has never been involved then I don't think it will be an issue because then you have sole custody. If you have joint custody then I think you need permission.

Answer 7

not without permission.

but maybe if ur not moving.

Answer 8

If you are the only one on the birth certificate and there hasn't been any kind of a fight over the child, then you are in the free and clear.