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can an X wife demand to keep the childs passport in her possesion

Customer Question
if she has sole custody?...
can an X wife demand to keep the childs passport in her possesion if she has sole custody?
Submitted: 8 years ago.Category: Family Law
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Answered in 14 minutes by:
9/1/2009
Family Lawyer: NYLAWLADY, Lawyer replied 8 years ago
NYLAWLADY
NYLAWLADY, Lawyer
Category: Family Law
Satisfied Customers: 814
Experience: 15 YEARS PRIVATE GENERAL PRACTICE
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Probably, since you would have to ask her permission to take the child out of the country, she is guaranteeing that you won't take the child out of the country without her permission. If you need to change this, you need to get a court order, otherwise, if she doesn't give you permission,there is nothing preventing her from keeping it.Please press the "accept" button so I may be credited and paid for my time when I have answered your question. . Positive feedback or a bonus is always appreciated. The responses don't create an attorney client relationship Thank you very much.
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Customer reply replied 8 years ago
but if she was present at the passport office she already is technically giving us permission. I need to know for sure
Family Lawyer: NYLAWLADY, Lawyer replied 8 years ago
Getting your child's passport is not the same as giving permission for you to take the child out of the country. You will probably need written consent.Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
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Customer reply replied 8 years ago
you still have not answered my question
Family Lawyer: NYLAWLADY, Lawyer replied 8 years ago
Maybe I'm not understanding? You asked if the custodial parent who has sole custody can keep your child's passport and the answer is yes, unless you have a court order stating otherwise. If this was not your question, please let me know so I can help.Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
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Customer reply replied 8 years ago
my question was, can the non custodial parent hold on to the passport?
Family Lawyer: NYLAWLADY, Lawyer replied 8 years ago
No, not without permission from the parent with sole custody.Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
NYLAWLADY
NYLAWLADY, Lawyer
Category: Family Law
Satisfied Customers: 814
Experience: 15 YEARS PRIVATE GENERAL PRACTICE
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NYLAWLADY
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