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Getting a Passport 50/50 joint custody

bigmombigheart's picture

Has anyone gotten a passport for their children without the other parent signing? BM is uncooperative and would never agree to signing a passport for us to take SD on vacation, hell she didn't even want us to get a vacation. Dh has birth certificate and court order states parents can have 3 weeks in the summer just give 30 day notice and iteniary.

notsobad's picture

I believe that both parents have to sign to get one.

It won't make any difference even if you were able to get it. The parent who isn't traveling has to sign a notarized release form that you'd have to provide to customs saying they are aware the child is leaving the country.
If she won't sign for a passport, no way she'd sign the release.

PokaDotty's picture

I just went thru this for BD15 last week! ExH did the application and I had to do the notarized form. I got the pleasure of doing the form twice and overnighting the 2nd time b/c the notary put 2015 instead of 2016 so the dates didn't match. [sigh]

In addition to the notarized form, you have to provide a front and back copy of your drivers license. Failure to provide all this will result in the application being denied and you are out the $135 application fee.

twoviewpoints's picture

With even sole legal custody, a CO granting the status sometimes contains traveling restrictions. If it does , consent would be required/restrictions followed.

notsobad's picture

"If I have sole custody, I would only need to bring my court papers, showing that?"

Traveling from Canada, yes.
My niece has sole custody. Dad takes him every weekend but has no say about whether or not he can leave the country on a vacation.
We are planning a trip together. She is going to stay an extra few days and I'll bring him home and drop him off at his dads. I will need a letter from her saying that he is traveling with me and she has full knowledge of where we are going.

Rags's picture

Yes. We did it in 1998. At that time only one parent had to sign the application. The rules have changed. Both parents must approve before a minor younger than 16 can receive a passport. This is to deter one parent or the other from taking a runner with the kid(s). For 16+ minors only one parent has to sign if I recall correctly. The last time we did it was in 2008 and we had to get the notarized approval form the other parent.

You are going to have to get an approval document from the other bioparent or legal guardian if the kid is younger than 16. The .gov website should have the process and forms required. There should also be instructions on how to proceed through the process if one parent is deceased as well as some situations regarding custody court orders.

notsobad's picture

"She actually tried to prevent a trip for no reason other than the fact that she could never take the kids there and was jealous that we could."

This is our BM!

We went to Mexico with SD, my boys, my friend, her BF, her boys and her stepson. SD was 23 at the time!

BM spend all night on the phone with SD, scaring the crap out of her. Telling her she'd be kidnapped out of her bed at night, raped and sold into sex slavery!
We got texts saying the same and that while all this was going on her Dad and I would be drunk and passed out! Oh and that we should be buying her a new car, not a trip!
I have no doubt that if BM had been in the same city she would have talked SD out of coming with us.

SD had her own room, she was the only girl, and was terrified to sleep alone. So the boys all took turns sleeping in the other bed in her room. So she bonded with her stepbrothers much more than she would have if BM hadn't freaked her out.

In the end SD said it's the best vacation she's had and we bonded as a family. Which is exactly what BM was afraid of!!

Icansorelate's picture

mustang is correct it is only if they are under 16 that the other parent needs to sign off.

I had to send court papers to my ex before he would sign the forms....sigh.

twoviewpoints's picture

If you read the OP'S forum postings , this OP has a habit of twisting and/or trying to twist total control of any situation that arises. She seems to have the overall view that her DH's 50/50 of the child somehow trumps the mother's 50/50. The kid is like seven (kindergarten fall of 2014).

The OP, with her dislike of what's n how's of her DH's CO and attempts to avoid , even if the means are deceitful, are clear in several of the postings.

bigmombigheart's picture

Twoviewpoints, I unclear on what you are insinuating. We are talking about having a family vacation, bm knows dh won't steal tge kid but because she can't take sd on that trip why should we not be able to?

Just J's picture

Actually a passport is required for Mexico now. This rule changed in 2010 which before allowed travel by car/plane/foot to Mexico with only a birth certificate. The only exception is a cruise that leaves and returns to the same US port, you don't need a passport for that.

Just J's picture

Dup

notsobad's picture

Without a passport you can not get off the boat in any foreign port.

That may have changed since those cruises last year where everyone got sick. If you didn't have a passport, you weren't allowed off the boat, even to go to the hospital.

MissK03's picture

Both parents need to be present. We got them last year for skids. I am pretty sure with a cruise you only need your birth certificate to go on and off and ports. As long as the ship is leaving from a US dock. 

Livingoutloud's picture

Even though legally both parents have to agree to it, in reality no one asked me where my DD's father is when I got her passport. No one ever asked me where is her dad and if I have a permission when I amd DD went across the border to Canada many times. And no one asked him where her mother is when he travelled all over Europe with her crossing multiple borders. He had a signed affidavit from me but no one ever asked. Her grandma did the same. No one asked. So what supposed to happen doesn't really happen