Hello! I am a 37-year-old woman and I have a child (12 years old). My father and I are separated, but I am currently in custody. My question is whether, after taking the rights over my child, I can take him out of the country without the father's permission. The reason I ask is that so far the father did not allow me to take my daughter out of Bulgaria on vacation, and he does not want to do it. She really wants to go on holiday to another country and I have the opportunity to take her, but I can't. Please help!!
Answers 10
no you can't! First, you are not suing for custody, but for who is exercising parental rights most of the time. This case does not deprive the father of parental rights and obligations. If you win the case without a document signed by him, you will still not be able to take the child abroad.
You can't, I also couldn't leave the country when I didn't have a father, we also asked the court to look for him, so that I could get a passport, but alas, nothing happened. Until your daughter turns 18, she cannot leave the country unless she gets permission from this so-called father.
Unless he has been deprived of parental rights, you will have to ask the court for permission to "revoke" his disagreement. Consult a lawyer.
No, you can't. Even if the child is with you, he has parental rights. The only way is if he is deprived of parental rights or his rights are limited. It happens with a separate claim or combined with the claim you started. I am currently in a lawsuit to restrict the parental rights of my child's father. He neither physically cares for him, nor sees him, nor calls or writes, nor sends money. For these reasons, I have reason to bring such an action. The court may also issue temporary permits to leave the country. If you do not have problems with the father of your child, he can give you a power of attorney. If you have, start the case on time.
Guardianship means who should exercise parental rights or with whom the child should live permanently. However, the other parent is not deprived of his parental rights - contact with the child and maintenance. So - you will need permission from him again, even though the child will live with you.
Talk to the judge in the case. Talk to the human father that you are doing it for the good of the child, if your desires are pure.
Why don't you wait for 6 years for the child to turn 18 and have the right to make his own decisions. So many people have grown up without trips abroad and we have nothing. In my opinion, you are slightly pampered - you are looking for an occasion to make an elephant out of a fly.
My mother didn't want to sign a power of attorney for me, and my father wanted to drive me abroad more. But when I was 13 and I started bothering her to sign the signature. Somehow make the father sign, there is no other way.
Unfortunately, the law is such that both parents need permission. So you either manage to convince him to sign or ... you wait for your daughter to turn 18. I know, it's very stupidly made up, but that's the situation.
The court may allow the child to leave the country when one parent refuses to let the child go. A case is being conducted, the reasons for leaving are being proved. So you don't have to wait for the child to turn 18.