Can my daughter’s father take her out of the country?

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Can my daughter’s father take her out of the country?

He was in the US on a visa that has now expired. He has no money, no job and no SSN to get one either. He has 2 brothers in prison that will be deported in less then a year and his whole family is moving out of the country at that time as well. If he stays he’ll then also be homeless. I need to know what are his rights to my daughter because hes threatining to take her out of the country. He’s not on her birth certificate but a paternity test has been done on his request and proves he is her father.

Asked on December 16, 2012 under Family Law, California

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 9 years ago | Contributor

First of all, if you and your child's father were not married when your child was born and have not since married to each other, he has no legal rights whatsoever.  He does not even have any rights to visitation, until he legitimates the child in the Superior Court.  Until he legitimates the child, you don't have to let him see or speak to your child.  Secondly, it doesn't matter whether or not his name is on the birth certificate or whether he obtained a paternity test.  He has no rights until he legitimates the child.  Third, in order to obtain a passport for the child, both parent's signatures are required.  Contact my office if you have any further questions.


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