Can I leave the country with my child to avoid contact with biological 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:

In order to travel outside the United States, the child will need a passport. For any minor under the age of 16, a passport application must contain:

1. Complete Form DS-11: Application For A U.S. Passport
2. Submit Form DS-11: Application For A U.S. Passport In Person
3. Submit Child's Evidence of U.S. Citizenship
4. Submit Evidence of Relationship Between Child and Parent(s)/Guardian(s)
5. Present Identification of Parent(s)/Guardian(s)
6. Submit a Photocopy of Each Parent/Guardian ID Document To Be Presented (Step 5)
7. Provide Parental Consent
8. Pay the Applicable Fee
9. Submit Two Passport Photos

Step 2 requires BOTH parents to appear in person and if not possible, there must be written consent from the other parent.

The government provides the following scenarios for this situation:

Both parents must provide consent authorizing passport issuance for a minor under age 16. See the scenarios below, and follow the instruction that best applies to your circumstance:

Both Parents MUST:

Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent


One Parent MUST:

Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit the second parents' notarized Statement of Consent (Form DS-3053)

One Parent
(with sole legal custody)(not sole physical custody)
MUST:

Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:

Minor's certified U.S. or foreign birth certificate listing only the applying parent
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent

Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)

Adoption decree (if applying parents is sole adopting parent)

Court order specifically permitting applying parent's or guardian's travel with the child

Judicial declaration of incompetence of non-applying parent

Death certificate of non-applying parent

NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained.

In Utah, the courts have established a thorough mediation program with the purpose of minimizing conflict among parents for the benefit of the children. There are minimum parent-time (visitation) guidelines based upon the age of the child.

Relocation of the child more than 150 miles from the residence on file with the court would require written notice and may require a hearing to determine the appropriate orders regarding parent-time and costs for parent-time transportation.

Given the risks involved in not complying with the Utah statutes, it is recommended that you consult with local attorneys. If your current attorney is not desirable, you may want to contact the local bar association for alternated experienced attorneys.