single mother getting passport for child under 16 to move out of us


My future wife has a son aged  11. For ten years, she was afraid to move out because of the problems created by the drug addict who is now actually out of state.

My gf agreed she will move in to where I am in Mauritius but since the biological father said that he wants his right and will not allow the son to move, this is causing a big problem with the visa and passport.  ( The 'ex' for 10 years recently assaulted my gf and she got a protection order, luckily because the ex was stalking her appartment and it was easy for the cops to serve him the papers)

Got lucky as well when she filed for a petition, which required a sheriff to check her appartment as the ex, the drug addicted was homeless and his last known address was the same as my gf. The ex was seen there as well and got served.

Now that he fled the state because of 2 drug and driving related cases, my gf is stuck and she cannot file for anything more. She currently has 1 year custody of the child. The ex never paid child support and never knew the son.

My problem is that she cannot move out since this can be a case of international child abduction. Please someone please help. And she cannot take his name off the birth certificate because he is not in the state to be served any papers and since he can not be served, he cannot be taken to Court to be proven unfit as a father, which could have helped her retain the rights.

My other option is that I move to US on K1 fiancee visa, marry her within 90 days, get my green card too, possibly word and then adopt the child. But this is going to take very long since the procedures take months to accomplish.

Please someone help me..

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