How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 10022
Experience:  Just Answer consultant at Self employed
Type Your Immigration Law Question Here...
legalgems is online now
A new question is answered every 9 seconds

I am a naturalized citizen married several years ago with an

Customer Question

I am a naturalized citizen married several years ago with an American born citizen . Subsequently , we had 2 children . We divorced , and during a contentious custody battle , my exhusband placed the children on the Allert Abduction Program . After several years , I was awarded sole legal custody . Then , I applied for passport for children which was denied because the father refused to give the ok based on his initial enrollment of children in the program ( we shared at that tile joint legal custody ) . Knowing the law that I know , things do not sound right to me . What do I need to do ? What kind of attorney I need to contact ?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

I am sorry to hear this;

According to the instructions only the parent that placed the alert may remove it:

A child is automatically removed from the CPIAP when he/she reaches the age of 18. In the event a parent or legal guardian who enrolled the child wants to remove a child or children from the CPIAP prior to reaching age 18, he/she must submit a photo ID and a notarized written statement requesting the removal from the program.

So one may first send a wrritten request that the other parent send a notarized statement by X date; if they fail to do so, one can file in the family court, requesting that the other party be ordered to remove the child's name. If the person fails to do so they can be held in contempt of court which may include the award of attorney fees (which is why it is important to send the written request, because then the judge can even award attorney fees without a contempt violation but rather upon the initial request, based on the other party's unreasonable refusal to comply with a reasonable request; the court does not like it when a party wastes the court's time), daily fines, even jail time.

The court can also authorize the court clerk to execute any necessary documents on behalf of the refusing parent.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 9 months ago.
In this case , the parent that lost the legal custody placed the children under the program . The question is , just because they are on that program , the children lost their constitutional right to have a passport despite the fact I have their sole legal custody and I am requesting the passport on their behalf ?
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  legalgems replied 9 months ago.

If the parent had custody at the time of the request being made, the parent does have legal authority to do that. However, failing to remove the restriction upon request by the person with sole legal custody will require the court to make that order if the parent won't voluntarily remove it.

Customer: replied 9 months ago.
the answer is yes , just being on that list forfeits the right to have a passport .
Customer: replied 9 months ago.
Unless they are taken off the list
Expert:  legalgems replied 9 months ago.

Yes, but the constitutional right to travel is only enforceable against a state/federal entity, not against a private person. And then it can even be infringed upon if there is a public interest (ie child support arrears can justify restriction, as can parental kidnapping concerns). But if there is no kidnapping concern then the parent would presumably remove the alert; if the parent is noncustodial and has no legal authority, the court would need to direct the parent to remove the alert. The agency does not monitor custody issues unfortunately.

Customer: replied 9 months ago.
Thank you .
Expert:  legalgems replied 9 months ago.

You are most welcome; I hope this works out with minimal hassle so you can travel with your children.

Thank you and take care.

Kindly rate 5 stars if you feel I have earned it!

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

Related Immigration Law Questions