passport issue

[stepmom4ever]

What is the name of your state (only U.S. law)? GA

I know you all know me but I have a question, my husband is refusing to let the mother of his child get his 8 month old son a passport to visit her family in the islands...he's scared that she will take flight and not return him. He has regular visits and I pay his child support on time...we are expecting our first daughter in August and I think she is jealous now that he is having another child and a girl at that...so we think she will take his son away from us...what can he do if she takes this to court because she has threatend to do that...please no insults, i just need an answer

thank you

 

[Humusluvr]

What is the name of your state (only U.S. law)? GA

I know you all know me but I have a question, my husband is refusing to let the mother of his child get his 8 month old son a passport to visit her family in the islands...he's scared that she will take flight and not return him. He has regular visits and I pay his child support on time...we are expecting our first daughter in August and I think she is jealous now that he is having another child and a girl at that...so we think she will take his son away from us...what can he do if she takes this to court because she has threatend to do that...please no insults, i just need an answer

thank you

Ask that she put up a retainer (like $50K) before she leaves, so that if she doesn't return, YOUR HUBBY has the money to go find the kiddo.

But you should accept that kiddo will get a passport and visit mom's fam. And will most likely return unharmed.

 

[Humusluvr]

...so we think she will take his son away from us...what can he do if she takes this to court because she has threatend to do that...please no insults, i just need an answer

thank you

If you don't want insults, you shouldn't write AGAIN the stuff you KNOW we chastise you for.

You KNOW its not a we/us situation!

When will you learn?

 

[stepmom4ever]

Ask that she put up a retainer (like $50K) before she leaves, so that if she doesn't return, YOUR HUBBY has the money to go find the kiddo.

But you should accept that kiddo will get a passport and visit mom's fam. And will most likely return unharmed.

OKAY I WILL NOT USE WE.... but can he ask that she put up a retainer? HE wants to make sure she return his child

 

[Isis1]

is there a legal record of any habit of her not returning the child per the court order at anytime?

 

[delta32]

I know from my own experience - if the father/your husband has joint legal custody, then his signature is required to get a passport. Here's the link to State Dept.
http://travel.state.gov/passport/get/minors/minors_834.html

Mom can not just get a passport for the child on her own unless she has sole legal custody.

 

[stepmom4ever]

is there a legal record of any habit of her not returning the child per the court order at anytime?

No she never kept him from his child and there were never an issue of her not giving him his child for visitations...she had primary physical custody but they have joint legal...she wants to take him to court because he rfuse to giver her permission to get their son a passport... he thinks she wont return the baby

 

[stepmom4ever]

No she never kept him from his child and there were never an issue of her not giving him his child for visitations...she had primary physical custody but they have joint legal...she wants to take him to court because he rfuse to giver her permission to get their son a passport... he thinks she wont return the baby

sorry typo...she has physical primary custody and they have joint legal

 

[proud_parent]

Mom can not just get a passport for the child on her own unless she has sole legal custody.

Not necessarily. From the same link you posted:

One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following):

• Court order specifically permitting applying parent's or guardian's travel with the child;

Mom can be granted a passport for the child if she obtains a court order allowing the travel. From the original post, it sounds as if Mom is threatening to do just that.

 

[Bloopy]

Mom can be granted a passport for the child if she obtains a court order allowing the travel. From the original post, it sounds as if Mom is threatening to do just that.

Since there is NO history of Mom keeping the child. She will LIKELY be granted this in court.

Dad will appear unreasonable. Always a bad idea.

The retainer is still a good idea.

 

[delta32]

Not necessarily. From the same link you posted:



Mom can be granted a passport for the child if she obtains a court order allowing the travel. From the original post, it sounds as if Mom is threatening to do just that.

Quite true. Father would have to have a provide evidence that she has threatened to kidnap or not return the child for the courts to consider not allowing her to obtain the order. Just having a feeling that she might do something won't fly with a judge.

 

[stepmom4ever]

Since there is NO history of Mom keeping the child. She will LIKELY be granted this in court.

Dad will appear unreasonable. Always a bad idea.

The retainer is still a good idea.

So can we make her give us a retainer of the 50k prior to leaving the country? I doubt if she can afford to do that...she doesnt make much money...so you say the court will allow her to get a passport even if my husband refuses to give it to her?

 

[CJane]

So can we make her give us a retainer of the 50k prior to leaving the country? I doubt if she can afford to do that...she doesnt make much money...

NO. WE cannot force her to give US a damn thing.

so you say the court will allow her to get a passport even if my husband refuses to give it to her?

Yes, it's very likely that the court WILL order that she can get a passport for the child - ESPECIALLY if her extended family lives overseas. And ESPECIALLY if there is NO HISTORY AT ALL of her denying the father time with the child.

It's HIGHLY UNLIKELY that Mom will be required to post a bond to ensure the return of the child unless there's a history of not returning the child or she's relocating out of the country.

Dad is being a putz. And I suspect you both know that, but he's going to keep on doing every little thing he can to make Mom's life harder and you're going to keep on supporting his stupidity because you 'love him'. Here's a tip for you - love is not the same thing as enabling.

 

[CourtClerk]

so you say the court will allow her to get a passport even if my husband refuses to give it to her?

Yes, because your husband doesn't run anything/anyone but YOU. Quite frankly, the judge is going to hand her an order for a passport with no problems whatsoever.

I think she is jealous now that he is having another child and a girl at that

Her jealous of YOU and your baby? Puh-leaze. She's laughing... all the way to the airport. He's YOUR problem now. Pay close attention. You'll be next.

 

[stepmom4ever]

NO. WE cannot force her to give US a damn thing.



Yes, it's very likely that the court WILL order that she can get a passport for the child - ESPECIALLY if her extended family lives overseas. And ESPECIALLY if there is NO HISTORY AT ALL of her denying the father time with the child.

It's HIGHLY UNLIKELY that Mom will be required to post a bond to ensure the return of the child unless there's a history of not returning the child or she's relocating out of the country.

Dad is being a putz. And I suspect you both know that, but he's going to keep on doing every little thing he can to make Mom's life harder and you're going to keep on supporting his stupidity because you 'love him'. Here's a tip for you - love is not the same thing as enabling.

well she is taking him to court and I guess the judge will decide on that.....if the judge says yes, then I guess he will have to do that..but what if he still refuse even after the court order?