Legal Question in Family Law in Massachusetts
i need to leave the country with my underage son, my soon to be ex husband has been no where to be found for over a year, how do i go about getting my son a visa with my husband's signature with the notary?
3 Answers from Attorneys
You state your "soon to be ex" which indicates there is a divorce pending. If there is a divorce action pending, you may file a motion with the court requesting full custody and permission to obtain a visa for your son. If you have any questions or would like to discuss your options in more detail, please feel free to call me at 508-969-9988.
I agree with the previous attorney who indicated you should file a motion requesting permission to obtain a visa and exit the country. If your husband is nowhere to be found, you may want to speak to an attorney as soon as possible about filing divorce proceedings. As part of any proceedings, you can request sole custody, etc. Feel free to give our office a call if you would like to discuss 617-357-4898. We have handled "missing spouse" divorces before and would be happy to help.
You cannot get a notarized signature without locating your soon to be ex... your only option is a court order.