Paperwork to take my son with me?

[vavasmom]

We leave Monday. I have full legal custody of my 8 year old son. I haven't been in touch with his dad in many years and am not exactly sure where he even lives. I have the custody papers. I also have documentation where his last name was changed to mine because the custody papers have his old last name. Do you think I need my divorce decree too? I certainly cannot get a letter from a man I don't know how to find. Help!!! I am really worried now. We are sailing to Cozumel and Belize.:confused:

 

I just replied to your other thread - but the tone on the family board is usually more friendly. This is my opinion based upon a combination of personal experience, contacting US Immigration and Customs Enforcement, and a lawyer's advice.

 

First of all - don't let this ruin your trip - be prepared and most likely they will not check a thing. My personal experience is that Canada is the strictest about paperwork for minor children - but other disagree. I have a manilla folder with all the paperwork I need for international travel that I keep together.

 

The key seems to be if your custody paperwork include the words sole physical and legal custody (those are the exact words on my order that was issued in Fairfax County Virginia - other states may use slightly different terms). If it has both legal and physical custody then you don't need the other parents permission for anything - including international travel, medical decisions, education decisions, etc. If it only has physical custody then you need the other pareant's (or a court's) permission to travel internationally. If you have a termination of parental rights instead of a custody order that essentially makes you the sole parent (my understanding is that is even better than sole physical and legal custody because it can not be revisitied in court at a later date but I am not a lawyer).

 

You should have the paper trail for the names on the orders. I have the opposite problem - my custody order has my married name - but my id has my current legal name (maiden name). So yes - take the paperwork that changed his name. You should not need you divorce decree unless that changed your name from what is on the custody paperwork - I have a separate name change order.

 

Make sure you have certified copies of the orders not just photocopies.

[ascottishgirl]

Thanks I have everything. IT is a stack but hopefully we will make it. I got full custody, then divorced with my name change, then had son's last name legally changed, got new

birth certificate and still have the orginal. I never had custody papers changed into his new last name... which is mine. I pray it will be ok. Just never even thought of this until reading these boards. His dad is a bum. :(