Albuquerque, NM asked in Family Law for New Mexico

Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!

Our stipulating order has a paragraph that states "If either parent requests a passport for the minor child, the other parent shall cooperate in obtaining the same." What does this mean? Specifically the words "obtaining the same". I want to give the other parent the paperwork for them to fill out as the non-applying parent/guardian since they live in a different city, but am wondering what this statement means exactly?

I want to make sure my child's passport is in my care as (I have primary custody not full but the child sees the other parent only about 25 days total per year) and from past experience I would expect the other parent would withhold documentation they possess if it prevents us from doing something. We normally need court orders forcing that parent to comply with anything. Our order doesn't require permission to travel, only notice but I want to be sure that my child can travel with me after the Real ID Act goes into effect in 2018 w/o the other parent causing issues

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1 Lawyer Answer
Gary William Boyle
Gary William Boyle
  • Santa Fe, NM
  • Licensed in New Mexico

A: The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.

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