Set up a CPIAP (Children’s Passport Issuance Alert Program) account with the federal government by going to https://travel. state. gov/content/travel/en/International-Parental-Child-Abduction/prevention/passport-issuance-alert-program. html. They’ll contact you if your ex requests a passport without you. If your child already has a passport, ask the court to take it away to stop your ex from taking your child out of the country.
If you don’t have a custody order, contact an attorney and explain your situation. They may be able to file for emergency custody. [3] X Research source There may be a clause in the order explaining that both parents must sign a letter agreeing that one parent may take the child out of the country, or a clause allowing either parent to take the child to see relatives in one specific country. [4] X Research source
Your best bet in this scenario is to hire an attorney and file a court order to challenge custody and explain to a judge why your ex moving would cause unnecessary harm to the child. In some states, you may be allowed to stop them even if you don’t have custody. Don’t give up automatically here; your best bet is to contact a lawyer for help and explain what’s going on. [6] X Research source
You can file a court order to try and stop them. Contact a family attorney as soon as possible and explain what’s happening. This is going to be even more difficult if your ex claims they’re just going on vacation.
You would need to get divorced, or contact law enforcement and try to demonstrate that your ex is committing child abduction, but that can be a gamble and you may get in trouble yourself if you don’t authentically believe your ex is committing a crime.
If you are listed on the birth certificate, you have a paternity statement, or a court has previously ruled you’re the father, you can ask the court to prevent your ex from taking the child out of the country.
If you absolutely cannot hire a lawyer, look up your state’s laws on custodial interference. This is a complex legal matter, and you really should contact an attorney if you can. If you can’t afford one, look for a non-profit in the area that offers free legal advice to parents. They’ll help you out.
If you only have partial or joint custody, you can petition the court to give you emergency custody if the child has lived in the state you live in for at least the past 6 months. [13] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source
You will likely have to provide evidence your ex is planning on cutting ties and running. Work with your attorney to see what you’d need to provide.
For immediate concerns, call 1-888-407-4747 and ask for a prevention officer. Explain what’s going on and they’ll assist you as best as they can. If they aren’t moving any time soon, go to https://travel. state. gov/content/travel/en/International-Parental-Child-Abduction/prevention/passport-issuance-alert-program. html and fill out the application.
You can even ask the court to permanently impose a bond rule for any future travel.
Do not worry about causing a fuss if you know you have certain custody rights. Your ex is technically committing child abduction by trying to leave the country in defiance of a court order, and the law should have your back.
