Q: Ex wanting to get my son his passport before she moves aboard?
My ex is moving abroad and wants to get my son’s passport before she leaves. Is there a way that they could then move my son without my knowledge or anything sneaky that I could not be aware of or is this just a common situation when this happens.
A:
This question has several layers and the final answer could honestly be "it depends".
If your son is still a minor, and there is not a court order covering him (i.e., divorce decree, custody order), then federal law usually requires both parents to sign a passport application.
If there is a court order covering the child, whether she can obtain a passport and move your son without your knowledge depends on what the court order says. You should read through it to make sure there is not already language in there that speaks to obtaining a passport for a child. If you are unsure about the language, you should have an attorney read through the court order for you.
If the court order has language about obtaining a passport for a child and you believe that what she is trying to do is in direct violation of what your court order says, then you could consider getting a restraining order to prevent her from obtaining the passport and moving until you can get in front of a Judge. If this is the route you end up having to go, you should do it sooner rather than later. If she leaves the country, that is more money that you will have to spend to get her to return to appear in court and/or to bring your son back.
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.
