Obtaining a Passport for a Child in a Divorced Home
Are you a divorced parent? If you would like to travel outside of the country, you are going to need a passport for yourself and your child. However, you may be concerned about getting a passport for your child because of the other parent. Even if you share joint custody with your ex-partner, there is still a way to get a passport for the child. You will need to know the laws surrounding these types of legal situations before you attempt to obtain a passport because you do not want to waste any time.
Do You Need the Other Parent’s Consent to Get a Passport?
If you have share joint custody with your child, you will need to get that person’s consent to get the passport. In this case, you should talk to the other parent about the situation and your reason for wanting a passport. You might want to take your child on vacation to a beautiful island or you might want to visit family members that currently live outside of the United States. Most parents that split custody of their children are civil enough to provide consent to one another when it comes to obtaining a passport for their child. However, there are times when one parent does not want to cooperate with the other.
If you are the one with sole custody of the child, you do not necessarily need consent from your former partner, even if he or she is trying to stop you from getting the passport. What you would need to do is prove that you are the legal guardian of the child. You could hire an attorney, provide paperwork that proves you are the one with the custody, and then receive the go-ahead to obtain the passport for your child. A non-custodial parent does not have much say over the situation.
When you are unable to locate the other parent, there are special forms that you would need to complete during the application process. You may need to provide copies of certain orders, such as an incarceration order if the other parent is in prison or a protection from abuse order if you had to get a restraining order against the mother or father of your child. A lawyer can help you obtain the right orders.
What Happens When One Parent is Not Cooperative?
While it is a bit easier for parents with sole custody to get a passport for their children when the other parent is not cooperative, it is more challenging for those with joint custody. If the other parent of your child splits custody with you, he or she might object to the passport for any reason. It could be that your ex simply does not want you to have fun or it could be that the parent worries about the safety of the child when traveling outside of the country. In some cases, the other parent may attempt to get a court order that would prevent you from getting the passport for your child. When you have a situation like this to deal with, you need to hire a lawyer. A family law attorney can go over some of your options and help you figure out the best steps to take to resolve this issue. The other parent must also realize that traveling outside of the United States can be a learning experience for the child. It is important for both parents to think of the child in these kinds of situations rather than feuding with one another.
Having Trouble Getting a Passport for Your Child? Hire a Family Law Attorney Right Away
When you need to get a passport for your child because you are looking forward to traveling to a different country, you may need to get consent from the other parent. While this is not a problem for some people, others may have a difficult time getting the other parent to cooperate for one reason or another. If you are having a hard time and you want to get the passport for your child as quickly as you can, contact Spencer Law at 850-912-8080 and schedule your appointment to consult with our legal team. We are experienced family law attorneys, and we are ready to go to work for you!