Question asked on Jun 12th, 2014
Q: BF left for 8 years was found recently for CS. Paternity was established and he got his name on the birth certificate. He has been back since November 2013. No formal visitation order or custody order in place. BF wants to take son to Peru to visit grandparents, BM doesn’t agree with it. Child doesn’t want to visit BF or grandparents without his family present (ie: sister, brother, and mother) Are their any laws that will not allow him to take our son out of the country? And does my son have rights if he doesn’t want to go? BF has forced him into walking away from his son in the past against his will. I am seriously afraid that if given opportunity & circumstance they would hold my son in Peru. Further more my son has mental health diagnosis that requires BST, PSR, medication management and therapy sessions weekly.
A: Is there now an order? If not, deny permission for international travel, and consider putting in a passport alert with the State Department.
If there is no court order specifying primary or sole custody, you should almost certainly get one. The circumstances are beyond what can be gone over here, but consider the material posted at these two pages:
https://www.willicklawgroup.com/child-custody-and-visitation/
https://www.willicklawgroup.com/child-abduction-kidnaping-and-recovery/
Then consider scheduling a consultation with this firm or another family law specialist to go over all your facts and circumstances.
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