What are the risks of leaving the country with my child without notifying the father?

Full question:

Hello. I am the mother of a 2 year old and I have been put through hell by the biological father of my child. I was granted sole physical custody and joint legal custody of my daughter after her father (we were never married, he did not want me to keep the child) was charged with 5 counts of domestic abuse in the presence of children. The charges where dropped without prejudiced because his girl friend never showed (big surprise). I had to take him to court bc he would not sign a motion for temporary relief and I was awarded sole physical custody, and joint legal. He was given the opportunity to see his daughter under state supervision but never went (although I have let him see her a few times unsupervised.) I do not know if my child is safe in his care and she has been hysterical when handed off to him. We are going to mediation in a week and I was wondering what would happen to me if I left the country without telling him to a place that does not have extradition rights to the U.S. Would I be charged with kidnapping and could I even leave being that my damn lawyer let him change her last name (even months after the 30 days he was given to do so) and now his last name is on the revised birth cert. I am willing to take some risk here but not to the point where there is a chance I might lose my child. Also my lawyer who I today asked to withdraw wanted me to stick to the terms of the temporary motion (making him go the a center) at the mediation. How does that make sense? I only receive $230 in child support and take care of Madden full-time. What are my options here. Please help. thank you so much!!

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Utah

Answer:

To travel outside the United States with your child, you will need a passport. For minors under age sixteen, the passport application requires:

1. Complete Form DS-11: Application For A U.S. Passport
2. Submit Form DS-11 in person
3. Provide evidence of U.S. citizenship for the child
4. Show evidence of the relationship between the child and parent(s)/guardian(s)
5. Present identification of parent(s)/guardian(s)
6. Submit a photocopy of each parent/guardian ID document
7. Provide parental consent
8. Pay the applicable fee
9. Submit two passport photos

Both parents must generally appear in person to sign the application. If one parent cannot be present, they must provide notarized consent (Form DS-3053).

If you have sole legal custody, you may apply without the other parent's consent if you provide documentation proving your sole authority, such as a court order granting you sole custody. However, if your custody order restricts travel, you must comply with those terms.

In Utah, if you plan to relocate more than one hundred fifty miles, you must give written notice and may need a court hearing regarding visitation and transportation costs.

Given the complexities and risks of not following legal procedures, it is advisable to consult with a local attorney. If your current attorney is not meeting your needs, consider reaching out to the local bar association for recommendations on experienced attorneys.