[WI] How do I get my co-parent's consent to take my child out of the country?
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Here are the key points:
- Parental rights: If DNA proves he is not the father, his legal parental rights may be challenged. Without custody rights, his consent may not be required.
- Consent for travel: Normally both legal parents must consent for a child’s international travel. If he is not legally recognized, his consent may not apply.
- Documentation: The DNA test is strong evidence. It can help clarify the child’s parentage.
- Abandonment statement: A simple statement from him may not be legally binding. Termination of parental rights usually requires a court process (Wis. Stat. § 48.41).
Let me know if you need further clarification.
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Hello. I am a citizen of Ukraine, and I gave birth to my child in Pennsylvania, although I currently reside in Wisconsin. The child’s father is also a Ukrainian citizen. As I plan to travel outside the United States, I require the father’s consent for our U.S. citizen child’s departure.
Is there anything else the lawyer should know before I connect you?
I don’t know.
Hello, my name is Benjamin, and I’ve been a licensed attorney for over 19 years. Do you have a custody agreement in place with the child’s father? Does the child already have a passport? Did the father consent to that? Has he refused consent for travel?
There is no custody agreement. The child has a passport. The father hasn’t refused yet, but he was mistakenly recorded as the father. A legal DNA test confirmed he is not the biological father.
I need a statement from him that he is abandoning the child. Could you help with that form?
Do you have legal documents proving he is not the father? Is the biological father known and in the U.S.? Which state are you in?
Wisconsin.
Here are the key points:
- Parental rights: If DNA proves he is not the father, his legal parental rights may be challenged. Without custody rights, his consent may not be required.
- Consent for travel: Normally both legal parents must consent for a child’s international travel. If he is not legally recognized, his consent may not apply.
- Documentation: The DNA test is strong evidence. It can help clarify the child’s parentage.
- Abandonment statement: A simple statement from him may not be legally binding. Termination of parental rights usually requires a court process (Wis. Stat. § 48.41).
Let me know if you need further clarification.
Thanks.
If that answered your question, I’ll mark this complete. If you have another question, you can submit it separately and request me directly.
