Travel out of US with babies without their father

[Schwippsy]

What is the name of your state? IL
Hi I am living in the US, my children 2 and 3 years old have dual citizenship (German - USA). Their father is not involved in their lives. He signed the paternity papers and is named on the birth certificates. No court order, no written custody agreement. The oldest carries his last name (to be changed), the youngest carries my last name. I have a family emergency and need to fly to Germany with my chidlren. Their father is vacationing for 2 months outside the US. What paperwork beside, birth certificate and and passports do I need to make it through the checks at the airport?
Pls help. I am very worried to book these tickets and in the end get stuck at t the airport because one child still has his last name.
Many thanks and happy Monday.

 

[LdiJ]

What is the name of your state? IL
Hi I am living in the US, my children 2 and 3 years old have dual citizenship (German - USA). Their father is not involved in their lives. He signed the paternity papers and is named on the birth certificates. No court order, no written custody agreement. The oldest carries his last name (to be changed), the youngest carries my last name. I have a family emergency and need to fly to Germany with my chidlren. Their father is vacationing for 2 months outside the US. What paperwork beside, birth certificate and and passports do I need to make it through the checks at the airport?
Pls help. I am very worried to book these tickets and in the end get stuck at t the airport because one child still has his last name.
Many thanks and happy Monday.

If you already have passports for the children it shouldn't be a problem to travel with them.

 

[profmum]

I would notify your husband, if you can and get an ok response from him? But i will say this, the German authorities are very sticky about last names. Even when i was married, my daugther has her father's last name and I kept maiden name and we would fly through Germany, and every single time, i had to explain to the German authorities that she was my daugther (ie see birth certificate) and her father had given her consent to fly outside the country. Now I have a court order that i can produce, but the issue always came up because of our last names.

 

[Ohiogal]

If you already have passports for the children it shouldn't be a problem to travel with them.

WRONG! You are very wrong.
My ex is a citizen of another country. My daughter is a dual citizen. When he tried to leave the country with her (he had her birth certificate and passport) he was stopped at every airport and asked for NOTARIZED permission from ME to travel with our child. She has his last name as well. It didn't matter. He was told by immigration in BOTH countries that without permission from me that was notarized he was not getting out of the country, on the plane or leaving the airport (when he arrived at his destination).

 

[TinkerBelleLuvr]

I was told that we had to have notarized statements from the parent who was not present that the child can be taken out of the country. I would have the dad send you a notarized statement allowing you to take the children. Have him send it FED-EX, DSL, whatever!

 

[LdiJ]

WRONG! You are very wrong.
My ex is a citizen of another country. My daughter is a dual citizen. When he tried to leave the country with her (he had her birth certificate and passport) he was stopped at every airport and asked for NOTARIZED permission from ME to travel with our child. She has his last name as well. It didn't matter. He was told by immigration in BOTH countries that without permission from me that was notarized he was not getting out of the country, on the plane or leaving the airport (when he arrived at his destination).

My ex is a naturalized US citizen. He and I both traveled extensively with our daughter, outside of the country, and neither of us ever had to provide proof of permission from the other. In fact, I didn't even need to provide proof of parental permission regarding one of my daughter's friends who traveled with us one time. (I did have it, I just wasn't asked to produce it).

Now, I realize that was a few years back, and there have been some changes, but based on what I have heard from friends traveling, that it depends to a large extent, on WHERE you are traveling to, and whether or not the person traveling with the child is a US citizen, when the child is a US citizen. In other words, someone like your ex would be far more likely to be questioned, than someone like my ex.

 

[Ohiogal]

My ex is a naturalized US citizen. He and I both traveled extensively with our daughter, outside of the country, and neither of us ever had to provide proof of permission from the other. In fact, I didn't even need to provide proof of parental permission regarding one of my daughter's friends who traveled with us one time. (I did have it, I just wasn't asked to produce it).

Now, I realize that was a few years back, and there have been some changes, but based on what I have heard from friends traveling, that it depends to a large extent, on WHERE you are traveling to, and whether or not the person traveling with the child is a US citizen, when the child is a US citizen. In other words, someone like your ex would be far more likely to be questioned, than someone like my ex.

This trip was two months ago. My information is current and accurate. And he was stopped at the Pittsburgh airport. Just to let you know. http://travel.state.gov/family/abduction/prevention/prevention_560.html

Without the other parent's permission OP CAN be charged with a crime. You may get through HOWEVER you may also be charged with a crime for which you can be extradited.

 

[casa]

What is the name of your state? IL
Hi I am living in the US, my children 2 and 3 years old have dual citizenship (German - USA). Their father is not involved in their lives. He signed the paternity papers and is named on the birth certificates. No court order, no written custody agreement. The oldest carries his last name (to be changed), the youngest carries my last name. I have a family emergency and need to fly to Germany with my chidlren. Their father is vacationing for 2 months outside the US. What paperwork beside, birth certificate and and passports do I need to make it through the checks at the airport?
Pls help. I am very worried to book these tickets and in the end get stuck at t the airport because one child still has his last name.
Many thanks and happy Monday.

If you want to change the oldest's name in the US...You better do it ASAP. The contributing factor to judge's allowing name-changes is the age of the child & if the child has been 'established' under that last name. (ie; enrolled in school, community, etc.)

 

[LdiJ]

This trip was two months ago. My information is current and accurate. And he was stopped at the Pittsburgh airport. Just to let you know. http://travel.state.gov/family/abduction/prevention/prevention_560.html

Without the other parent's permission OP CAN be charged with a crime. You may get through HOWEVER you may also be charged with a crime for which you can be extradited.

The following paragraphy is a direct quote from the site you linked....it does not tend to follow your response:


The Importance of a Custody Decree

Under the laws of the United States and many foreign countries, if there is no decree of custody prior to an abduction, both parents may be considered to have equal legal custody of their child. (IMPORTANT: Even though both parents may have custody of a child, it still may be a crime for one parent to remove the child from the United States against the other parent''s wishes.) If you are contemplating divorce or separation, or are divorced or separated, or even if you were never legally married to the other parent, ask your attorney, as soon as possible, if you should obtain a decree of sole custody or a decree that prohibits the travel of your child without your permission or that of the court. If you have or would prefer to have a joint custody decree, you may want to make certain that it prohibits your child from traveling abroad without your permission or that of the court.

While it says that it "may" be a crime, it does not state that permission is required unless custody paperwork says that its required.

 

[Ohiogal]

Fine. Then let her travel without dad's permission to Germany and if she is not allowed to either exit the US or enter Germany with the kids because she doesn't have permission OR she gets in trouble legally, she can deal with it then.

 

[wileybunch]

I travel to/from Canada by car and take my court paperwork with me that shows that I have primary custody of my children and their father has limited visitation (3x/year), but I don't recall ever been asked to produce it. I have been asked whose kids they are and I've said mine and I've been asked if they are my husband's and I say they are not.

It hasn't occurred to me I needed a notarized statement from my ex for any trips outside the country. hmm

 

[Ohiogal]

And what happens when you are asked to produce such notarized permission? When asked you will be required to have it -- if you don't, you won't be going to Canada. Oh and do the children have passports?

 

[nextwife]

And what happens when you are asked to produce such notarized permission? When asked you will be required to have it -- if you don't, you won't be going to Canada. Oh and do the children have passports?

I agree with Ohiogal. Be prepared, because they can and may ASK. One can't know how efficient a particular border crossing guard may be.

My husband and I have been carefully scrutinized on several occasions traveling with OUR OWN daughter across international borders (she is Roma, and considerably more "Cafe Au Lait" in skin tone than we are). Both leaving the US at both Canadian and Mexican border crossings, and when attempting to board an international flight AND when entering the destination nation we had questions asked and presented proof documentation.. Thankfully, we had a complete set of her documents with us, and not JUST her passport, and always carry copies when traveling.

 

[stealth2]

I was asked for documentation that her father was aware of the trip and consented when taking our daughter abroad this year when we left the US, entered the other country, when we left the other country AND when we returned to the US. And she (a) looks like me and (b) has the same last name as I do.

Honestly, it is foolish to take the chance. It makes much more sense to have it taken care of properly (and yes, to do it quickly is going to cost you).