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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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I am a single mother with a 3 year old son. I have never been

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I am a single mother with a 3 year old son. I have never been married to my son's biological father. As of now he stays with me and his dad visits every other weekend. We have never established custody/visitation/child support in court. He does pay a monthly amount towards child support. I will need to travel to India next year so my son can see his grandparents. I am a lawful permanent resident in the U.S with a full time job and own a house and i have no intentions of moving to my country. Do i need permission from the dad to travel outside the country? If the dad denies permission can i get a permission from the court? Are there any grounds why the travel outside country would be denied by the court? Travel time will be no more than a month.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

I will answer those questions...let me ask, have you told him of your intention to travel to India next year? If so, what was his reaction?
Customer: replied 3 years ago.

He hasnt responded in a positive or a negative way but knowing him he may create problems when the real travel time happens

Ok, thanks. Now to answer your questions:

Do i need permission from the dad to travel outside the country?
No, you do not. Since there is no court order in place and you were never married you have the right to take the child anywhere you want to without his permission.

If the dad denies permission can i get a permission from the court?
Even if the dad denied permission, he would have to get a court order preventing you from taking the child. His saying "no" is not enough. If he files a petition with the court then you get to respond and ask the court permission to take the child.

Are there any grounds why the travel outside country would be denied by the court?
Yes, if the court feels you will not return the child to the u.s. Showing your ties to the u.s. Your employment history, property owned, return travel ticket to the u.s. should help show your intent to return.

At this point, I would not bring it up any more with him. Just act as if you have no further intent to pursue it and then when the time comes you can send him an email or something that you are out of town for the month and will return on whatever date you will return on. By that time it would be to late for him to get a court order to prevent you from leaving. I hope this helps clarify.

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Customer: replied 3 years ago.

If i do leave the country without his permission and he gets a court order while i am in India will i get into trouble with the U.S court and lose custody of my child when i return? I want to do things the right way even if it means i need to provide all the necessary documentation to show continuous future employment with my company, property records and return travel ticket to the court

If you leave a note clearly stating you will return in a month, there is no basis for a court order. He would have to file a petition to establish paternity first of all and there is no way that can be done in a month. A court will not take away custody of your child when you were never married. If you want to be 100 percent certain and not have any issues, then get his consent in writing or go to court and file a petition to establish paternity, custody, visitation and child support. At the same time request the court's permission to take the child to India. As you can see it's a lot to be done if you want to go to court to get permission to travel. Father's who were not married to the mother of their child have no legal rights until they go to court and establish themselves as the father and then ask for rights at that time. So again, he would not be able to accomplish that in a month. Those are your options. You have to choice what you want to do. I hope this helps clarify. Thanks.
GeorgetownLawyr and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your advise. I will go ahead and rate your answers. Thanks for your time

You're very welcome. Best regards

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