Do I need my son’s biological father’s permission to take him overseas?

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Do I need my son’s biological father’s permission to take him overseas?

I have a 9 year old son who I had out of wed lock. My son’s father is not on the birth certificate but I do have a legal DNA test on file and have a child support against his father. I am now married to a man in the military and we just got orders to Japan. Again, the birth father is not on the birth certificate but I do have a DNA test and a open child support case with him. I just want to make sure that I don’t get into trouble for taking him to another country. And no, my son’s father is not involved in my son’s life.

Asked on September 5, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you have proof that you are the mother of your son (birth certificate) then there should be no issues with you taking your son overseas without the biological father's permisison to do so. The father who has not been designated as your son's father via a court order has no say as to whether or not you can or cannot take you own child overseas.


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