If you have sole physical custody do you need the joint legal custodian's consent to travel overseas?

Answer 1

A certified letter must be sent to either parent requesting the travel. Information must include dates of travel and the purpose of travel. EX: taking cruise vacation, 4-11-2009 thru 4-18-09. Child will return to residence on ending date. The recipient must respond within 30 days. However, either parent traveling must provide legal documentation as to relation to the child.

In answer to your question about needing consent fron the joint legal parent in order to travel abroad, I am also in the same situation. I contacted the national US passport office and I was unfortunately informed that "yes" if you have joint legal custody and sole physical custody, you will still needed to get consent from the other parent.

For background info see CA Family Law code 3048

http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm#Foreign%20Travel

I was very sad to see the last response to your question. I am also in the same situation. I have been told that one can write to the Judge who issued a person's dissolution and ask for an Order allowing the child to travel out of the U.S., listing the dates of travel. I do not know if this is true. I have only begun to explore possible options. I guess that "might" be an option to check into. It is frustrating though, that every time a person would like to travel (to Canada for instance, if close to the boarder) one would need to seek permission from the court,then. My Ex has been MIA for over four years.

If your child does not yet have a passport, or when you renew the passport, the ex-spouse can either 1) appear with you at the local passport office or 2) sign a form the office will give you explaining why he/she is unable to appear, but agreeing to the passport issuance. If you cannot do either of these, I was told by the office that a local judge can give you permission for the travel if you fill out this same form explaining why your spouse is unwilling or unable to appear and agree to the issuance of the passport.