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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6392
Experience:  20 years of professional experience
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I Live in California and have Joint legal but I do have

Customer Question

I Live in California and have Joint legal but I do have physical custody. I am planning to visit Mexico on a family vacation where I was born and my ex does not want to give our 5 year old permission to go. He wont even go with me to give permission to get her passport. what forms do I file to request permission from the court. Or what can I do?

Submitted: 2 years ago.
Category: Family Law
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
You will need to get a modification to your custody order that allows you to take the child for trip to Mexico. If the court finds that this is in the child's best interest and there is little risk that you will not return with the child, it can grant an order allowing you to travel with the child even without the other parent's permission.
The links above have the forms and instructions.
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Customer: replied 2 years ago.

I have to file this even if our previous custody agreement in court does not have any restrictions on traveling and I have sole physical custody?

Expert:  Maverick replied 2 years ago.
Yes, because you cannot get a passport without his permission.
Minors under age 16 cannot apply for a passport by themselves. Both parents must appear in person with the minor and provide consent, authorizing passport issuance to the minor.
If one parent is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent.
If your court order granted sole legal custody without the child’s travel restricted by that order, then you could apply for the passport without dad's permission.
Based on what you have stated, you will need a court order specifically permitting you to apply for the child’s passport. So, you will need to go back to court.