QUESTION
What rights does he have legally and what can he do if I deny him of taking our child to Germany?
Asked on Sep 24th, 2012 on Child Custody - Alaska
More details to this question:
The father of my daughter wants to take her to Germany. I am curious to know what right he has to doing so. We were never married but he is on the birth certificate. She lives with me and we have a verbal agreement on the days she goes and sees him.
13 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, if you were never married, the child's father must seek visitation from the court. The father only has rights with the child when the court recognizes he is the father AND assigns those rights. You need to get to a Family Law attorney today to find out how to stop the child's father from taking the child out of the county.
Answered on Jun 12th, 2013 at 2:19 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Without a court ordered Parenting Plan/custody Order, the rights and duties are very murky. If you seek to prevent him from taking the child out of the country, make certain you take the child's passport and lock it in a safe deposit box.
Answered on Jun 12th, 2013 at 2:14 AM
Leonard A. Kaanta
In Michigan, you have custody of the child and do not have let go to Germany. If there is a custody order in effect, he has to get permission from the court.
Answered on Oct 01st, 2012 at 1:05 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Whether a court would permit the child to travel to Germany depends on the answer to a number of questions, like: How old the child is? Why are they going to Germany? How long they will stay? Can safeguards for her safe return be put into place to assure her return. If the child is only going for a short vacation, the court may allow the visit.
Answered on Sep 28th, 2012 at 10:49 AM
Dennis P. Mikko
If there is no custody, child support and parenting time order, both parents have equal rights to the child. However, if the father signed an Affidavit of Parentage, this document refers to the mother as the custodial parent. If the father signed the Affidavit of Parentage, you could deny him any time with your daughter and deny him the ability to take your daughter to Germany. Also, in order for your daughter to travel to Germany, both parents would have to sign for the passport. Your refusal to sign would limit his ability to take the child out of the United States. You should file a motion in court seeking a determination of custody, child support and parenting time. Once there is a court order, both of you would know what your respective rights were.
Answered on Sep 28th, 2012 at 10:46 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must file a paternity/custody action. You need a court order on custody. Do not allow him to take the child out of the country.
Answered on Sep 28th, 2012 at 10:45 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to go to court to make sure that you have an order.
Answered on Sep 28th, 2012 at 12:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He has the same legal rights to his child as you do to yours. That is how the law sees it. Cooperate, as litigation is expensive.
Answered on Sep 26th, 2012 at 11:33 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Until Paternity is established and there is a custody order, he has no rights.
Answered on Sep 26th, 2012 at 11:27 AM
Michael Paul Vollandt
You need to get some court orders about custody, visitation and travel for your child. You can file a Custody Petition or a Parental Relationship Petition to get legal custody orders as well as child support.
Answered on Sep 26th, 2012 at 11:26 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The father has no rights other than what you choose to give him until there is a court order judicially declaring him to be the child's father AND spelling out exactly what rights he has. Being listed on the birth certificate does not provide any answers. If you allow him to take the child to Germany before there is a court order that spells out the requirements before any such trip will be permitted you risk never getting the child back without undergoing a long, expensive international court battle.
Answered on Sep 26th, 2012 at 11:24 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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As long as you get it all in writing and can maintain contact with her while there, she should be allowed to go with her father to visit Germany. If you have not already done so, you need to file a paternity action to establish his rights and responsibilities regarding the child, the time sharing with each parent that the child will enjoy and other matters like child support.
Answered on Sep 26th, 2012 at 11:18 AM
Suzanne H. Lombardi
Either parent can take the child out of state without the agreement of the other party as long as notice is given as to where the child will be. This is a good case to file a custody case to have the court decide whether she can go to Germany. While the action is in court neither parent can take the child out of the state without a court order or written permission from the other party. I would suggest that you consult with an attorney with an eye towards filing a custody action so that he cannot just take your child out of the country. You will want to do this quickly before anything transpires. An attorney can help you fight for custody rights over your child.
Answered on Sep 26th, 2012 at 11:17 AM