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Sole custody or temporary custody - urgent

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Schwippsy

Member
What is the name of your state? Kane County in Illinois

I need to travel back home to Germany with my two minor sons (Dual citizenship Germany - USA) next month. Their father is not involved in their lives, does not pay support, we have no court order, has not made an attempt to see them in over a year. We have not been married. Our first son has his last name, the second one my last name. The father is on both birth certificates. The father has left the country (USA) and cannot (does not want to be) reached and is probably trying to immigrate to Australia. I do not expect him to be back in the US anytiem soon.
I need a permission from him that I can travel home or they will probably stop me at the airport. I need to act fast and get some kind of court paper to give me a 'free pass' to travel with my 2 and 3 year old boys. I have called a lawyer who wants a $1500 retainer fee. I cannot afford that.
Plus I do not think I need a lawyer since the father is not in the country to fight my plans.
Please advise me what I need to do. What papers to file in court and how to get about it.
I am clueless.
Thanks so much folks!
Schwippsy
 


profmum

Senior Member
I dont know what "free pass" you are expecting to get? there is nothing like that in a legal sense, the documents you need are either an order of sole custody or an order allowing you to travel internationally, or a notarized statement from your ex.. none of which you have or can get from your post. Since you are not married, then you are by default with sole custody, but explaining that to the authorities may be a different issue, if you do get stopped at the airport. You may not get stopped at the airport as well. Your ex can also report kidnapping because of a lack of documentation.

Regardless, I dont know if you can get any court intervention by the time you have to travel, since you do travel internationally, you would be best served to figure out what you need in a timely fashion. Now if this is a family emergency, that you need to travel back for, there may be options with the Courts.. but you will need an attorney most likely.
I get stopped Germany every time because my daugther has her father's last name.
 

Schwippsy

Member
Thanks Cjane, I could not find the thread again and I am not here to be insulted nor to chat with people. I am simply asking for some advise, nothing more. Geeez, would have been nice if that energy would have been put in a useful link to the court templates or something.
 

CJane

Senior Member
Thanks Cjane, I could not find the thread again and I am not here to be insulted nor to chat with people. I am simply asking for some advise, nothing more. Geeez, would have been nice if that energy would have been put in a useful link to the court templates or something.
I'm not insulting you. If you took it that way, it is most assuredly not MY problem.

You were given advice last time you were here.

You NEED either an award of SOLE CUSTODY (not gonna happen in a few weeks, especially w/dad out of the country and unavailable for service) or you NEED a notarized statement from Dad allowing you to travel with the children, or you NEED to risk taking them and not being able to get out of the US or return to the US depending on which leg of the trip you're on when questioned... especially when one of the children doesn't share your name.
 

Ohiogal

Queen Bee
Cjane is correct. HOWEVER, you can also file for an emergency order allowing you to travel and pray that the court gives you permission before you leave.
 

stealth2

Under the Radar Member
Thanks Cjane, I could not find the thread again and I am not here to be insulted nor to chat with people. I am simply asking for some advise, nothing more. Geeez, would have been nice if that energy would have been put in a useful link to the court templates or something.
Or *gasp* you could have simply said "hey guys - I had a post a few days ago and I can't find it! Help?"
 

LdiJ

Senior Member
I'm not insulting you. If you took it that way, it is most assuredly not MY problem.

You were given advice last time you were here.

You NEED either an award of SOLE CUSTODY (not gonna happen in a few weeks, especially w/dad out of the country and unavailable for service) or you NEED a notarized statement from Dad allowing you to travel with the children, or you NEED to risk taking them and not being able to get out of the US or return to the US depending on which leg of the trip you're on when questioned... especially when one of the children doesn't share your name.
I am going to disagree CJane. She can also get an order from a judge specifically giving her permission to make the trip....and that is what I suggest that she try to obtain at this point, because you are correct, it would take too long to get sole custody on paper.

Personally, I would recommend that she bite the bullet and hire the attorney.

Edit:...oops, I didn't see OG's response before I posted mine.
 

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