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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are having two kids. Each parent is carrying passport of

Customer Question

we are having two kids. Each parent is carrying passport of one kid.
I'm the father. I'm alone traveling out of country for two weeks. Mother is asking me to give my kid's passport (which I'm holding )as I'm traveling out of country. Kids do not have any travel plans.
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state is this in?

2) What exactly are you asking, i.e. what do you want to know? If you have to give her the child's passport?

3) Are there any formal custody orders in place?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 5 months ago.
1) Texas
2) Whether I have to give my daughter 's passport to mother if I'm travelling ? - Father. Father is having daughter 's passport and mother is having son's passport.
Note: No travel plan requested from the mother for the children's travel so far.
3) one week with mother one week with father - Formal custody is in place.
Expert:  Ely replied 5 months ago.
Thank you for your reply.
First of all, if the decree discusses passports, it should be followed.
If the decree does not discuss passports then it is at your discretion whether or not to give the passport to her if you are travelling but the child is not.
However, if she plans to travel as well with the child and would need the child's passport, then if she filed in Court to ask the Judge to clarify if you would have to provide it, the Judge would likely say yes (and vice versa to you if you planned to take the children during your custody time).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!