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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can i get a passport for my 3 year old daughter and travel

Resolved Question:

Can i get a passport for my 3 year old daughter and travel without consent of the other parent when we have joint custody?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

The answer is absolutely not, as consent is required. Even if you have joint custody, both parents must consent to travel outside of the country and therefore both must consent in obtaining a passport. You can go to court and seek a judicial order which would be used instead of the other parent's consent, but you would not be able to file for a passport on your own.

Good luck.
Customer: replied 5 years ago.

i i go to the court for thejudicial order is it usually ordered or can the other parent still prevent her from going

 

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

The other parent has the right to contest your request to the courts and therefore the other parent can still prevent the order from be issued. If the other parent is worried that the child will not be returned, or that the child is too young to travel overseas, the judge will likely agree with that parent and not grant a passport. Due to the age of the child, should you pursue this via the courts, and the other parent contests, it is very likely that your petition will not be accepted.

Good luck.
Customer: replied 5 years ago.
I have remarried since our divorce and have a two month old son who I am taking to see his family who hasnt seen him yet. I want my daughter to go for the experience and to be with her new extended family so i wont have to stay behind and let my son go without me
Customer: replied 5 years ago.
Relist: Answer came too late.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

I understand your situation but if the other parent does not consent, you will not be able to go overseas and see your family with this child. That parent also has the right to choose not to allow your child to go overseas.

Good luck.
Customer: replied 5 years ago.
Even if the time away from my daughter will cause her separation anxiety and the baby going without his mother has no affect with any judge or court
Expert:  Dimitry K., Esq. replied 5 years ago.
Ma'am, those are grounds that you can bring up to the judge for an evaluation but because the child here is three years old, the other parent can legitimately state that she is too young to travel overseas. I understand you may not be particularly happy with my answer but I have an ethical obligation to provide you with the best answer possible based on the facts you have provided to me.

Good luck and take care.
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