child support, visitation, custody and a passport

[jjscott75]

What is the name of your state? Maryland

I am going on vacation to Jamaica and needed my son's fathers permission to get him a passport. he agreed and wrote a letter and had it notarized and I sent it in with the passport application. A week later the state dept told me it was not valid because he dated the letter. Therefore, I called him to get another one. This time he said not unless I drop child support case. I was going to drop it because I really do not need the money. Then my friends said they would keep him because he can not blackmail me. He got mad and is now suing me for visitation and to decrease the child support. The thing is he always sets up times to pick him up but he never comes to get him. I have an open door policy when it comes to him and the daycare provider even lets him come over for a cuple of hours and play with him. Now he is saying that I keep his son from him. This is not fair and I do not have money to keep paying for a lawyer to fight him in court. He takes me to court about child support or visitation once a year. I usually say yes to whatever he wants but this time I want sole legal and physical custody so he can not prevent me from making decisions for my son or keep him from enjoying vacation with his family. What should I do to make sure I get sole custody?

 

[Ohiogal]

You may still have issues taking the child out of the country even with a passport. For the simple reason that at the border checkpoints they are asking for proof of permission to travel by the other parent.

As for visitation, go to court for a SCHEDULE of visitation. Then follow that schedule. And the daycare operator cannot prevent him from removing the child from daycare. if she does, she is breaking the law.

 

[proud_parent]

What is the name of your state? Maryland

I am going on vacation to Jamaica and needed my son's fathers permission to get him a passport. he agreed and wrote a letter and had it notarized and I sent it in with the passport application. A week later the state dept told me it was not valid because he dated the letter. Therefore, I called him to get another one. This time he said not unless I drop child support case. I was going to drop it because I really do not need the money. Then my friends said they would keep him because he can not blackmail me. He got mad and is now suing me for visitation and to decrease the child support. The thing is he always sets up times to pick him up but he never comes to get him. I have an open door policy when it comes to him and the daycare provider even lets him come over for a cuple of hours and play with him. Now he is saying that I keep his son from him. This is not fair and I do not have money to keep paying for a lawyer to fight him in court. He takes me to court about child support or visitation once a year. I usually say yes to whatever he wants but this time I want sole legal and physical custody so he can not prevent me from making decisions for my son or keep him from enjoying vacation with his family. What should I do to make sure I get sole custody?

Wow, my head is spinning. I was anticipating a simple question about child's passport, and you end by asking how to gain sole custody.

Unless there's more to the story than you've posted (hard to imagine you'd leave any of his sins out of that litany), your chances of gaining sole custody if the father already shares custody are slim and none. And slim just caught the slow boat to Jamaica.

There is apparently a child support order already in place. Are there orders for custody and/or visitation?

My advice: skip the trip and save the $$$ for your legal battles.

 

[penelope10]

You may still have issues taking the child out of the country even with a passport. For the simple reason that at the border checkpoints they are asking for proof of permission to travel by the other parent.

As for visitation, go to court for a SCHEDULE of visitation. Then follow that schedule. And the daycare operator cannot prevent him from removing the child from daycare. if she does, she is breaking the law.

Pardon the hijack---when did they start doing that? (And frankly IMO I think it's a good idea that they are)

 

[Zigner]

Our OP may wish to check out the information at http://www.singleparenttravel.net/

 

[jjscott75]

Wow, my head is spinning. I was anticipating a simple question about child's passport, and you end by asking how to gain sole custody.

Unless there's more to the story than you've posted (hard to imagine you'd leave any of his sins out of that litany), your chances of gaining sole custody if the father already shares custody are slim and none. And slim just caught the slow boat to Jamaica.

There is apparently a child support order already in place. Are there orders for custody and/or visitation?

My advice: skip the trip and save the $$$ for your legal battles.

__________________________________________________________________________We do not have a court order for custody or visitation at this point. I never thought we would have an issue like this. The trip is already paid for and the rest of the family is leaving on June 6th. My son will stay in town and miss out on the vacation. The problem is not Jamaica but his dads manipulation of the situation.

My daycare provider allows him to take him and she allows him to stay as well. But she rearranges her schedule for him. she will keep him later at no extra charge or take him early. I said this just to show it is not difficult for him to gain access to his son.

 

[proud_parent]

Pardon the hijack---when did they start doing that? (And frankly IMO I think it's a good idea that they are)

Restrictions differ by country. But the airlines do warn passengers traveling with minors to be prepared for anything.

International Travel with Minors (including Canada & Mexico)
Because some foreign countries may not permit entry to minors not accompanied by both parents without additional documentation, we highly recommend you travel with the following documentation:

Many countries require documentary evidence of the traveling adults' relationship to the child and permission of the parent(s) or legal guardian before they will allow the child to cross the border. Single parents, grandparents, or guardians traveling with children often need proof of custody or notarized letters from the other parent authorizing travel. These requirements are in addition to passport or proof of citizenship requirements.

• Minor traveling with one parent: If a minor child is traveling with only one parent, the absent parent is recommended to provide notarized consent. If only one parent has legal custody, that parent should be prepared to provide a court order of child custody to airlines and international authorities.
• Minor traveling alone: If a minor child is traveling alone or in someone else's company, both parents (or the sole, documented custodial parent) are recommended to provide notarized consent.
• Minor with a different last name: If a child traveling has a different last name from the mother and/or father, the parents should be prepared to provide evidence to airlines and official authorities, such as a birth certificate or adoption decree, to prove that they are the parents.
• Minor has one deceased parent: If one parent is deceased, a death certificate should be readily provided by the other parent.
• Minor has one parent: If the birth certificate shows that the minor only has one parent, it will be sufficient to hold only a notarized copy of the birth certificate.

http://www.nwa.com/services/reqtraveldocs.html

 

[jjscott75]

You may still have issues taking the child out of the country even with a passport. For the simple reason that at the border checkpoints they are asking for proof of permission to travel by the other parent.

As for visitation, go to court for a SCHEDULE of visitation. Then follow that schedule. And the daycare operator cannot prevent him from removing the child from daycare. if she does, she is breaking the law.

This is not true. I asked the state department if I needed anything else to get him in Jamaica and I was told that an active passport indicates parental agreement or consent.

 

[penelope10]

Restrictions differ by country. But the airlines do warn passengers traveling with minors to be prepared for anything.

Thanks guys---and now back to our regularly scheduled program.....

 

[Zigner]

This is not true. I asked the state department if I needed anything else to get him in Jamaica and I was told that an active passport indicates parental agreement or consent.

THAT is not true. Ask again -

EDIT: Here's a hint - it's not the Americans who are looking for this documentation.

 

[Humusluvr]

Our OP may wish to check out the information at http://www.singleparenttravel.net/

Great resource Zigner! Thank you!

 

[Zigner]

Great resource Zigner! Thank you!

My pleasure -
I do wish to point something out...what is written and the "real world" are often times different. I happened upon that site while planning a trip (by car) to Mexico with my daughter. I had all the documentation ready to go and, guess what...no one even looked twice at me driving either way past the border.

 

[proud_parent]

We do not have a court order for custody or visitation at this point. I never thought we would have an issue like this. The trip is already paid for and the rest of the family is leaving on June 6th. My son will stay in town and miss out on the vacation. The problem is not Jamaica but his dads manipulation of the situation.

My daycare provider allows him to take him and she allows him to stay as well. But she rearranges her schedule for him. she will keep him later at no extra charge or take him early. I said this just to show it is not difficult for him to gain access to his son.

By your own admission, the father has contact with his son (even if contact isn't as frequent or regular as you would like). Apparently he is also paying child support as court ordered. Based on the information you've provided, expect that he will be awarded at least joint legal custody and standard visitation if he petitions for them.

 

[stealth2]

My pleasure -
I do wish to point something out...what is written and the "real world" are often times different. I happened upon that site while planning a trip (by car) to Mexico with my daughter. I had all the documentation ready to go and, guess what...no one even looked twice at me driving either way past the border.

Yet, when I flew out of the country with my daughter last summer - I was asked for documentation both in the US AND at the other end that showed Dad was aware of and consented to the trip. Both I and the child are born US citizens. When her Dad took her on a cruise, he was told that he had to have my WRITTEN consent available to present at any time.

 

[stealth2]

__________________________________________________________________________We do not have a court order for custody or visitation at this point. I never thought we would have an issue like this. The trip is already paid for and the rest of the family is leaving on June 6th. My son will stay in town and miss out on the vacation. The problem is not Jamaica but his dads manipulation of the situation.

Nope. The problem is your not taking care of business in a timely enough manner. Pretty much sucks that you'd leave your son behind.