Can the father of my baby preventme from traveling outside the US with the baby?

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Can the father of my baby preventme from traveling outside the US with the baby?

We are not married and he does not have custody of the baby but he is named as the father on the baby’s birth certificate. Does this mean that he is a “guardian” of the baby? How can I travel with the baby without the father’s consent and without breaking any laws?

Asked on January 2, 2012 under Family Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Naming someone on the birth certificate (mother or father) does not mean they are entitled to custody or that they automatically have guardianship.  If he is simply named on the birth certificate and you do not have a custody arrangement with him and you have not been to court to get a custody and support order, then you are free to go out of the country. You do not need father's consent if you meet certain critical criteria. You may need a court order, however, granting you sole custody of the child so that you may need the other parent's notarized consent. Review the U.S. Passport scenarios for one parent families and see what best applies to you. Keep in mind the both parent notification and consent is there to prevent child abductions and protect the minor.


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