if a non custodial parent reuses to sign a passport the only option is court. A judge can decide if it is in the best interests of the child to leave the country.
Absolutely. A minor child cannot be taken legally from the U.S. without a valid passport. The custodial parent or guardian must, under oath, in person agree to allow the child to accompany the non custodial parent before a passport is issued. Likewise, depending upon the custodial order, the custodial parent may need the non custodial parent to present a sworn affidavit that he or she is allowing the minor to obtain a passport and travel outside of the U.S.
No. The custodial parent has been assigned the responsibility for the child by the court. And until the minor reaches the age of 18, they live where their parent tells them to.
If the other parent will not consent to the passport and trip then the custodial parent could seek a court order allowing the same.
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
Yes You have the authority to take away any gift to the child by the other parent, but consider how that would be viewed by the courts. I assume you want to limit the child talking to the other parent?
Too bad for your child. They might be more receptive if your child asks.
see link
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
Absolutely. A minor child cannot be taken legally from the U.S. without a valid passport. The custodial parent or guardian must, under oath, in person agree to allow the child to accompany the non custodial parent before a passport is issued. Likewise, depending upon the custodial order, the custodial parent may need the non custodial parent to present a sworn affidavit that he or she is allowing the minor to obtain a passport and travel outside of the U.S.
No. The custodial parent has been assigned the responsibility for the child by the court. And until the minor reaches the age of 18, they live where their parent tells them to.
No, as both signatures are needed for a passport.
If the other parent will not consent to the passport and trip then the custodial parent could seek a court order allowing the same.
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
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.
It depends on the state you live in. Some states allow the custodial parent to opt out of child support. Other states don't give you that option, and will collect the child support even if the custodial parent refuses to accept it.
Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.
No. The child is well within his/her rights to choose not to see the non-custodial parent. However, the non-custodial parent still contributed to that child being born, and is therefore required to help provide for him/her.