Q: Must I have sole custody in order to get passports for my children and travel without the noncustodial parent consent?
Never married, there no child support or child custody case ever opened or in place. Can I petition the judge to give permission for passport and international travel? Is it necessary to open a child custody case and then present to the judge if I can have permission to sign and travel internationally without the noncustodial parent consent.
A:
There are 3 ways for you to get a passport:
1. The father agrees and signs.
2. You obtain a custody order for sole legal custody (very rare)
3. You obtain a custody order that allows you to apply for passports without his consent.
Unless the first option, you have to sue the father to obtain relief.
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