Legal Question in Family Law in California

Minor Travel Permission

I am trying to obtain a Visa for my child, who I have full physical custody of. I have not seen his father in 3 years.

I cannot obtain a Visa for him without the biological fathers' permission. Can a judge issue travel permission? What kind of court can I petition for this? I have one month until we leave for this trip.


Asked on 10/22/02, 5:28 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Minor Travel Permission

You can obatin a Court Order stating that the other parents' consent is not required to take the minor out of the country or to obtain a passport for the child. I suggest that you return to the Court that gave you legal custody of the child to begin with.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/22/02, 6:53 pm
Edward Lindley Edward Lindley, Attorney at Law

Re: Minor Travel Permission

1. "full physical custody", if we are talking legal terms, is not "legal custody". Are you merely saying that the child lives in your house?

2. Have you been to court re custody of this child before? If so, pickup at the last point, convince the court of the urgency of the matter, hope that your delay in addressing the situation is overlooked and apply for the Order, probably ex parte, since you do not have time to do otherwise.

3. You say you have not seen bio-dad in 3 years. Does that mean you have no idea where he is to contact him?

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Answered on 10/22/02, 10:20 pm


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