my sister has full custody of her daughter, however, the father has visitation rights. He calims that as the non custodial parent there's a law that states that he should be the parent to keep her passport under his possession. Can you please confirm if that is accurate.
A noncustodial parent can prevent the custodial parent from leaving the state with a baby or child. The court will decide if the custodial parent has just cause to leave the state.
Yes. Minors are required to obtain a passport when leaving the U.S. Both parents have to sign the application for a passport. If the noncustodial parent cannot be present when the application is made he or she must submit a notarized statement of permission. The exception is if the parent requesting the passport has sole legal custody, if that is the case he or she must present the court order of custody. All documents must be original or legal copies of the original with the embossed seal of the court and/or government agency. In the case of 16-17 year olds, they must appear in person at the time of application with the required documentation.
yes
If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.
No.
can noncustodial parent parent claim 1 child if divorce with 2 kids
This is hard to answer because there can be many variables involved. The noncustodial parent may contest the move and take the custodial parent to court to show cause. But it may not be possible for the noncustodial parent to actually prevent the move unless the move is out of state.
Yes, they do.
Only the court has the power to deny visitation rights.
none
no
You cannot. The US Passport Office has regulations against issuing passports to minors without BOTH parents consent. The reason for this is to prevent one parent from leaving the country with the child against the wishes, and without the permission, of the other parent. Contact your installations legal affairs office for further information.