passport issue

[luckymom]

My daughter got a passport five years ago, before there was the rule that NCP must sign off as well. During that time, we traveled overseas often with ex's knowledge. Now my daughter's passport has expired and when I asked ex to sign the form to get it renewed, he refused. I'm not sure why. Is it possible to file and ask a judge to compel him to sign? I am gainfully employed, own my home, have close family ties. Five months ago, we had a custody hearing and I prevailed, so the idea that I would flee the country with my child is ludicrous. She is learning French, and my mom and I thought about taking a short trip to France with her over the summer.

 

[VeronicaGia]

A judge could give you permission to go unless the other parent raises valid concerns.

 

[IrishLady47]

It is now a requirement that both parents sign for a child's passport if the child is under the age of 14 & if only one parent is physically present to sign the application, the other parent must have signed a consent form (DS-3053). However, if you have sole legal custody of your daughter & your court order does not restrict travel, you are the only parent required to sign the passport application, but you must submit the court order as evidence in lieu of the other parent's consent form. Check the following website http://travel.state.gov/specialreq.htm. It explains all requirements in detail. The purpose of the law was to prevent parents w/o legal custody from taking their children out of the country or violating court orders about the child's travel, not to prevent children from taking trips w/legal guardians. If the court order does restrict her travel w/o his permission, he will need to sign the consent form or you will have to file for a modification of the court order.