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How likely is it that a judge would grant a passport for a…

Customer Question
How likely is it...

How likely is it that a judge would grant a passport for a minor child when I believe he the ex wanting the passport may abduct the child? Ex is in Tx I have primary custody in ga and refuse to sign the passport paperwork.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have not we simply have a custody agreement from ga court from 2014 he wants her to have a passport to see his family outside the u.s and I don’t for fear he won’t bring her back

Lawyer's Assistant: Family law varies by state. What state are you in?

GA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thank you

Submitted: 2 months ago.Category: Family Law
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Answered in 17 hours by:
6/1/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 182
Experience: Attorney
Verified

Its 50/50. The judges final decision will be based on the evidence and testimony that you both put forward (his for why it should be granted and yours for why it should not). Ultimately the judge has final decision making once the matter is before his/her court, and each case is decided on a case by case basis. If the judge finds him more credible than it's likely it would be granted. You would have to present evidence that proves he's likely to not come back. Such as his ties in the other country and or his lack of ties here. It also depends on the reason and duration of the trip and the age of the child. For instance, if its a older child and its for a funeral for a person the child was close too then that is a compelling reason to allow the trip, but if it's just to see family then the judge may deny that request, especially in light of your concerns.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so costs you nothing extra. Experts are independent contractors and customer ratings are the only way we are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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Customer reply replied 2 months ago
The ncp left tx 18 months quitting his job with the city of Houston to move to Trinidad with his wife and their kids. He did not tell me or speak to me in advance about it wasn’t until it was time for his summer visitation that he contacted me via email to tell that he moved and that he dropped aliyah from his health insurance and that I needed to add her to mine, ALL of his family lives in Trinidad and Canada only his wife and two daughters were here and they went with him until they found out she was pregnant and returned only to have the baby in tx. He wants my 12 yo daughter to travel alone on a 5 hour flight to Trinidad and he wants to get her Trinidad passport he has no property here no family here and no ties to the community his father is in law enforcement in Trinidad I truly feel like he won’t bring her back
Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

Those are very compelling reasons why it should not be granted but he'll have reasons as well. Ultimately it will be the judges call. I wish I could give you a more definitive answer.

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Customer reply replied 2 months ago
What if the GAL from our divorce/custody dispute was willing to testify that she herself did not think that he would return with the child how do you think that would affect my chances of his being denied a passport request for my daughter
Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

Any witness that you can provide to support your claim will improve your chances. Since the GAL has some experience with you two and the child from the Divorce that makes her a better witness. But it also depends on what's the basis of the GAL's testimony. If it's just a belief, then that's not very compelling, but if it based on something she witnessed or some other evidence that the GAL can refer to, then that's more powerful testimony.

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Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). It costs you nothing additionally to do so. The experts who answer your questions are independent contractors, and customer ratings are the only way we are compensated for our responses. Thanks, ***** ***** hope everything works out to your satisfaction.

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Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

Please let me know if you have any further questions. If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). Thanks, ***** ***** hope everything works out to your satisfaction.

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