Q: How to obtain a passport for my child when her father changed his agreement for a family trip?
My child's father and I have a court order in New Jersey that grants him visitation every other weekend while I have primary residency. We moved to Florida over two years ago. He had initially agreed to let our daughter go on a family vacation out of state, and I booked the hotel based on that agreement. Now, he's refusing to allow me to obtain a passport for her unless I sign a legal document changing custody and child support terms. No changes have been filed regarding our New Jersey court order since our move. What steps can I take to secure the passport so my daughter isn't affected?
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A:
It sounds like you’re in a difficult situation with your child's father regarding the passport. Since you have primary residency and the court order from New Jersey is still in place, you are likely still entitled to make decisions about travel, including obtaining a passport, unless there is a provision in the order specifically restricting this. His refusal to allow you to get the passport unless you sign a new legal document could be considered an unreasonable attempt to modify the existing terms of the court order.
First, you can attempt to resolve this issue directly by discussing it with him again. Sometimes misunderstandings or changes of heart can be worked out with clear communication, especially if you remind him of the original agreement and your right to make decisions for your child based on your residency. However, if this doesn’t work, you may need to seek legal advice to better understand your options.
If informal resolution fails, you might need to file a motion with the family court in Florida or New Jersey to request permission to obtain the passport without his consent, depending on where the case is being heard. This can clarify your right to make travel decisions and potentially prevent further delays or complications.
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