QUESTION
Can I leave the US with my son to move overseas without dad's consent?
Asked on Feb 26th, 2014 on Child Custody - Idaho
More details to this question:
I am an illegal immigrant and have a 16 months old son with a US citizen. The father is on the birth certificate but we have never been married. My son has citizenship in my country.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No you can not leave with the child. You need to file a petition for establishment of parenting plan and have time with the child allocated between the parents. If you want to leave the country you ask to be allowed to relocate with the child. If the two of you agree, great. If not, the court will decide where the child lives.
Answered on Feb 27th, 2014 at 7:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could try, but I think that in order to get the passport for your son, you would need dad's consent anyway. And if there is a custody order in place, no you cannot.
Answered on Feb 27th, 2014 at 7:12 PM