I want to go on canada tour with my 8 mon old but the biological father won't give me consent for travel. ?

Question

what will i do. I sent text messages and email but won't respond.

Answer 1

If the father is not involved, you need to get court ordered legal and physical , permanent custody.  Not only for this occasion, but for the future and other circumstances that will arise. That will take a while to do and require a lawyer.  For now, have you tried sending him a registered letter?  He may be afraid you are trying to ask for money and that could be why he does not respond to your calls.  Type up a letter of permission  for him to sign in front of a notary.  Write a letter to explain what you need and why and send with the letter he needs to sign.  Take it to the post office and send it registered or certified mail so he has to sign for it and you will get a notice when it has been delivered to him.  Include a stamped, addressed envelope for him to return it to you.  You can also ask a lawyer to send a similar letter on his letterhead stationary.  Most will do this for a modet fee.  That sometimes really gets attention, and the father may choose to respond to that rather than risk further action.

Answer 2

Is the bio father listed on the baby's birth certificate? Or does he have custody rights? If you are sole custodial parent then you do not need his permission.

If he has custody rights then you will need to keep trying to get in contact with him, and if that fails go the legal avenue. Just as Charlie has suggested!

Answer 3

It depends on how you're traveling (car or plane), and whether you've filed any papers in court yet.  If you're flying you each need a passport.  If you have a court order or judgment giving you sole legal and physical custody, then bring that when you get the baby's passport (it may have to be certified by the court clerk), and you don't need permission from dad.  

If you have filed for paternity in family court, but do not have a paternity judgment that gives you sole legal and physical custody, you need a court order.  Give the bio dad ex parte notice and go see the judge.  Explain to the judge when you will be going, how long you'll be gone, that you'll have a cel phone for any emergencies.  It sounds like he doesn't see the baby much, and I'd tell that to the judge too.  Then take that order to the passport place for your child's passport along with his birth certificate.  

If you're traveling to Canada by rail or car (ie, not by plane) you don't need a passport but you do have to show photo ID and proof of your country of birth.  Children under 16 only need to show proof of citizenship.  So, as long as you drive or go by train, it looks like the baby doesn't need a passport, just his birth cert showing he's American.  If your son doesn't need a passport, then you don't have to prove that the baby has permission of both parents to travel.  As long as you're not flying anywhere in Canada, you're all set.  Your name is on his birth certif and it's on your multiple pieces of ID.  Check out travel.state.gov for more info

The clerks at the family court should be able to help you if you need an order.  If the clerk can't help, you'll need a divorce/family law attorney familiar with international travel.  The International Academy of Matrimonial Lawyers (IAML) and American Academy of Matrimonial Lawyers (AAML) are good places to start, especially if your state doesn't certify lawyers in their specialties.  An order may take a few weeks to obtain, so be prepared.  Frankly, I'd just drive or go by train.  Then just before you leave you can send him an e-mail that states when you're going and when you will return, that you don't need his consent because you're not flying, tell him to check it out himself on the state dept website, etc.  I'd copy the e-mail to one or two other people so he can't claim he didn't get it, or send him snail mail via certified mail (this is best).   AAML & IAML have websites.

Canada is so gorgeous--have a wonderful trip!!  Sorry answer so long but I didn't know all the facts  :-)