Custody question about traveling with children..

[Rogueperson]

Disclaimer *not a lawyer*

 

Does your divorce decree indicate you have sole legal and physical custody? If so, you're golden.

 

This wording will also allow you get your kids passports as the State Department requires that both parents consent to the passport, or one parent has sole legal custody (ie, sole legal authority to make decisions).

 

At 16, I believe the requirement is loosen where only one parent need present to obtain passports, but under, you need signed consent for the missing parent or a decree that gives you sole legal custody.

 

That being said, I have seen anecdotally that having a passport for kids is a tacit indication that the other parent has consented (as they normally would have to get to allow for passport) and the cruise lines don't request clarification such as notarized permission.

 

If you don't have that, and you have time, I would consult a lawyer in filing a motion to amend the order to give you sole legal custody.

[Elaine5715]

If you have had no contact with the father in 10 years, have you considered bringing suit to terminate the parental rights of the father? Then there would no question in the future as to custodial issues (and your husband could adopt the children if that’s what you all want.)

 

We are setting up a meeting to meet with a lawyer about my husband adopting them! Praying it would be done before Oct if possible.

As A Wise Judge once told me, never terminate parental rights unless the parent poses a threat. Even a absent parent can win the lottery or die before the children reach the cut off age where they no longer are eligible for Social Security Survivor's benefits. Kids don't need to see them to get a check.

[MrsT.RN8383]

If you are already attempting a termination and adoption, speak with that attorney about getting a judgment from the judge to allow you to travel out of the country. You will have to pay filing fees, but it should be simple enough. Better safe than sorry. And good luck with the adoption!

[JinxyB]

Ive been on 20+ cruises with my child and have never been asked a thing. HOWEVER, I travel with my court order stating I have full legal/physical custody of my child. I even had the judge put in that I do not need permission from the deadbeat father to travel internationally or get a passport. We have the same last name and always use our passports. I’d err on the side of caution and get the proper documentation. Expensive lawyer fees, but worth it!!

[GradUT]

As A Wise Judge once told me, never terminate parental rights unless the parent poses a threat. Even a absent parent can win the lottery or die before the children reach the cut off age where they no longer are eligible for Social Security Survivor's benefits. Kids don't need to see them to get a check.

 

I question the wisdom of this judge.

 

Termination of parental rights is generally done when there is another spouse who wants to adopt the children—not just to cut off a deadbeat parent.

 

So which would a child in this situation rather have—an adoptive parent that actually wants to be their parent or an absent parent that MIGHT win the lottery or die leaving them Social Security benefits?