You’ve been planning this trip for months and now — out of the blue — your ex refuses to allow your child to get a passport as you’ve been planning. Instead of lashing out or coming up with theories for why they could be doing this, you have options, including working with a family law attorney.
While you may feel frustrated now, it’s completely logical that minor children traveling out of the U.S. must have both parents consent to travel. Otherwise, for example, your ex could take your child out of the country and never come back if they didn’t need your notarized signature. If this aspect of family law applies to you, then work with The Law Office of Ronald Kossack today. Our family law lawyer can help you obtain a passport for your child. Schedule your free initial consultation today — we help clients throughout Phoenix, Scottsdale, Chandler, Mesa, and Tempe!
Get The Other Parent’s Consent
First and foremost, your best option is to get the other parent’s consent. This is the fastest, easiest, and most cost-effective option, not to mention the least stressful. While we understand that your ex may not be supportive, it’s essential for you to do all in your power to make them comfortable. We recommend following the parenting plan exactly and respecting your ex around your child as much as possible.
Have Sole Legal Custody
If you have sole legal custody of your child, then you don’t need your ex’s notarized signature to travel with your child out of the country. Even if you have joint physical custody but have sole legal custody, you don’t need your ex’s approval. That being said, this aspect of family law can be emotional for your ex so we recommend being as kind and respectful about it as possible — even if you don’t need their approval.
Obtain A Court Order
Another option is to work with a family law attorney. In this scenario, you (the parent who will travel outside the U.S. with your child) work with a family law lawyer to move through the courts and seek permission to get your child a passport. If successful, you would be issued a court order allowing you to do so without the other parent’s consent.
Tip: This most likely won’t be successful a week before your trip! Plan ahead because both the passport application and court order could take a while.
Work With The U.S. Passport Service
Your final option is to submit Form DS-5525 to the U.S. Passport Service. This is only a possibility if you meet certain requirements on its site. You’ll have to explain in detail why the other parent is unavailable, while also noting all of your efforts to make contact and get approval.
Get Help With Family Law In Tempe
Family law can be confusing and overwhelming when you’re not an expert in it. Here at The Law Office of Ronald Kossack, you can trust us to be the experienced, qualified family law attorney you need. Contact us today for a free consultation to discuss options, including obtaining a court order.