Q: Can I apply for a passport if joint legal says ‘ all other matters parents can act alone’
We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services
A:
Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't just ask verbally. Document your asking. Send a snail mail letter. Send an email. Keep copies. In the letter say something similar to this: "I think it would be a good idea to apply for a passport for our child _________ (name). Will you join me in applying for a passport? (or) Will you agree that i may apply for the passport? Will you split the cost with me? Please respond in 10 days." Make multiple attempts to discuss it. If you are not getting anywhere and you have documented your reasonable requests and been refused, then you can file a Request For Order, form FL-300, to ask the judge to order that you can apply for a passport on your own without the consent of the other parent. Yes, this will take time to get a hearing date 2-3 months in most California counties, so get started now.
If you need help with forms contact the Self-Help Center in the family law division of your superior court. they are free to you, but sometimes there is a line. Or an attorney can help you with this. You can go to court by yourself on the court date, or you can hire an attorney just to show up for that date. That is called "Limited Scope" representation. The attorney becomes your attorney for the day. then the next day you are representing yourself again. This is cheaper than full representation with an attorney. Hope this helps getting you started.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
