Since there isn’t joint custody here, that should not scare OP. |
But still not worth the risk. |
It should absolutely scare her! She needs to consult an attorney ASAP and not leave this to the DCUM peanut gallery that is just talking out their asses. Too much at stake. |
If that’s the case, no single parent can ever travel with their child because the ex could have them arrested even if there’s no custody order. |
Your posting privileges should be revoked since you relay bad information. She absolutely needs to have a letter giving permission. In fact, it is advised that even couples traveling internationally together with a child carry such a letter in case they get separated. |
What should scare her is that her ex had her served with sketchy papers that don’t even specify the type of custody. She is in for a long run in which her ex and/or his incompetent attorney are going to try to bury her under sh!ttily-done paperwork and exhaust her energy and financial resources before a judge kicks it out. |
It is correct and your scenario is also correct. |
This. |
Hi OP, I was a family law paralegal for many years. Here is the only advice you should take from this thread -
Call a family law attorney. Do exactly what the attorney says. Anything other than that is bad advice. |
But maybe he did specify and she simply isn't understanding the paperwork. Again, she needs to speak to an attorney first thing in the morning to get informed advice. Not listen to all of us give our two cents on what we are being told that does not necessarily equate to the facts of the situation. This is far too serious and the consequences are potentially severe and life altering. But hey, you continue to tell her to do what the hell she wants and everything will be fine. |
Have you ever been sued for custody? The paperwork is very specific about the type of custody being requested. Even when people file pro se and are just filling in a template. |
x your parenting right & privilege |
OK. You know the facts of this situation and OP should just do what you tell her and not seek the guidance of a family law attorney. Got it and no need to continue the back and forth. |
It may be advised since it's difficult to advise against it. But it is incorrect that it is required. I've traveled with my child multiple times and never was I asked for anything. |
https://www.dhs.gov/how-do-i/travel-overseas https://de.usembassy.gov/visas/travel-tourism/travelers-faqs/children-traveling-with-one-parent-or-with-someone-who-is-not-a-parent-or-legal-guardian/ It appears there is not a US law per se that requires parental permission. But, and this is a critical but, many other countries have such requirements. If you do not have documents that you need for the country, or that an airline believes you may need, there is a chance that they will not let you board. If they let you board, the country you are going to may not let you in. Multiple posters here have shared that they have been asked for notarized documentation allowing travel. That doesn't mean everyone gets asked, but traveling without such authorization creates a real risk that you will not be allowed to board or enter the other country. |