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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30385
Experience:  Attorney with experience in family law.
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My son is in the Orange County jail for violation of probation.

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My son is in the Orange County jail for violation of probation. He has a son that is 8 years old. I have been a very important part of my grandson's life (i.e.: breakfast every morning, getting him to school, he comes to my house after school, I help him with homework, I pay for and take him to psychologist and taekwondo, buy most of his clothes, etc.). My son has not seen or talked to my grandson in 4 years. No divorce . No child support. My husband and I would like to take our grandson on a Disney cruise. How do we get the appropriate paperwork necessary? We have a good relationship with the mother, but she is not in a hurry to get a divorce.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

You and your husband can take the child on a cruise with the mother's consent, without having your son's parental rights terminated. If he already has a passport, he can use it for the cruise. If he doesn't, your daughter-in-law could go to the jail and ask him to sign consent forms to get a passport for the child. The consent form has to be notarized. If it is impossible for the mother to get a notarized statement from the father while he is in jail, she can fill out an affidavit swearing to why the father's consent may not be obtained.

Alternatively, if the ship sails from and returns to the same U.S. port, your grandson can travel with you with only a copy of his birth certificate, which may make things significantly easier on everyone involved.

It could also help to have a notarized signed statement of consent from the mother, along with a temporary POA allowing you to make medical decisions for the child, if necessary. This site has a sample.

There is unfortunately nothing in the law that would allow you to obtain a divorce or terminate your son's parental rights over the mother's objections. But if the purpose for wanting to do that is only so you can take your grandson on the cruise, that can be accomplished without terminating his rights.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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