Can an Absent Father Return and Take the Child to Another Country

The father of a young child separated from the mother and moved to Europe. A year later he is back in the U.S. and says that he wants to take the child to Europe to visit his mother, whom the child has never met and who is very sick. Can the father simply come back and take the child for an international trip?

There are many factors that could affect the father's rights. If paternity has never been established, he has no inherent rights until paternity is established. If he is married to the mother, and no custody order is in effect, he has the same rights of custody as the mother. If a custody order has been issued as the result of an action between unmarried parents, or an action for legal separation or divorce between married parents, then his rights are governed by the order.

If no custody order is in effect, it would be sensible for the mother to commence a custody action and get a temporary order in place before agreeing to the child's traveling outside of the country. She should also discuss the policies of the foreign nation with a divorce lawyer who is familiar with international custody issues, as even in Europe some nations are very difficult to deal with should an international custody battle arise.