The mother is taking the child to Mexico for a vacation in late march and the father is worried she won’t bring her back. If we get her served for half custody, can she still leave the country?
Currently the father has no rights.
so she can take her without his permission?
and can he take her without her permission?
of course she can…..so can he..
Yes. She can. Period.
References :
of course she can…..so can he..
References :
If the mother is the custodial parent, she can take the child out of the county as she pleases, absent a court order to the contrary. Even if there is a pending motion to modify custody, she’s still the custodial parent.
After father files and serves mother, the father can request that the judge enter an order prohibiting mother from leaving the country, but he will have to convince the judge that she is not just going on vacation, and is likely to abscond with the child.
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It’s a very complex situation and you should be talking with an attorney specializing in family law, but in general…
If there’s no formal custody order giving her sole custody and the father is listed on the birth certificate, she can’t legally take the child out of the country without the permission of the father.
If there’s an order granting her sole custody she’s free to take the child out of the country.
However, if she doesn’t return for the hearing and the father subsequently prevails in having the custody order modified there may be some recourse.
What you need to be doing is to encourage the father to talk to his attorney and seeing if a judge will agree to hear the case on an expedited or "emergency" basis before the mother leaves the country.
EDIT:
If there is an existing custody order granting her full custody or if there is no custody order and the father is not on the birth certificate, yes the mother can take the child.
If the father currently has no rights as you mentioned, then no, he absolutely cannot take the child. Doing so at a minimum could be construed as custodial interference and at worst could be charged as kidnapping (and if he’s not on the birth certificate, it would be straight kidnapping, not parental abduction).
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