New York City, NY asked in Immigration Law, Child Support and International Law for New York

Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an American citizen. However, I am not in China at the moment, and I refuse to help my ex-wife with this matter due to her not allowing me to have a relationship with my daughter. Will there be legal ramifications in the U.S. if I pursue this route and refuse to help in this matter?

2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: There are no ramifications except that your wife will tell your daughter of your refusal

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Your refusal to facilitate the renewal of your daughter's passport may be taken into consideration in the family court if your wife asks for the Court's assistance in this matter. Best to consult with a family law attorney on that topic. Also, if you want your daughter to return to the U.S., you may want to determine if your daughter will be able to return to the U.S. without a valid passport (see: https://do.usembassy.gov/travel-of-u-s-citizens-with-expired-passports/). Best wishes!

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