Passport Issues In Divorce And Custody Cases

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International travel with children can be a highly contested issue in divorce and child custody cases. In some cases, when international travel is expected or necessary due to a couple’s professions, they can incorporate mutually agreed-upon travel arrangements into their divorce settlement. However, in many instances, complications arise. Concerns such as a child’s safety or the possibility that your ex-spouse may not return with your child are common worries. Fortunately, passport and international travel issues can be addressed by Virginia family law courts.

U.S. Passports for Minors

A U.S. passport can only be obtained by an American citizen or national, and if the criteria are met, the government cannot arbitrarily deny a passport request. Minors must apply for a passport in person, and once issued, the passport is valid for 5 years.

  • For children under 16, both parents must generally consent to the passport application.
  • For children 16 and older, only one parent’s consent is required to obtain a passport.

Joint Custody and Passport Applications

In divorce cases where both parents have joint legal custody, both parents must consent before a minor child can be issued a passport. If one parent refuses to consent, the issue can be brought before the court. The court has the authority to:

  • Order the non-consenting parent to sign the passport application or cooperate with the process.
  • Restrict the issuance of a passport if there is a risk of abduction or refusal to return with the child.

If you have sole legal custody, you can obtain a passport for your child without your ex-spouse’s consent, provided you have court documentation affirming your sole custody status.

Disputes Over International Travel

If your child already has a passport but you and your ex-spouse disagree on international travel plans, the court can step in. The court can either authorize or restrict international travel based on the child’s best interests. Courts may also impose restrictions, such as:

  • Mandating where, when, and how frequently your child can travel.
  • Requiring that you provide a detailed travel itinerary and contact information to your ex-spouse and the court before any international trip.

The Children’s Passport Issuance Alert Program

If you are concerned that your ex-spouse might attempt to get a passport for your child without your consent, you can register your child’s information with the U.S. State Department’s Children’s Passport Issuance Alert Program. This program notifies you if a passport application is made for your child, allowing you to take appropriate legal action to block the request.

Need Legal Assistance?

If you are facing disagreements with your ex-spouse regarding your child’s passport or international travel, it’s important to have an experienced family law attorney by your side. The custody lawyers at DiPietro Law Group, PLLC have extensive experience handling custody cases in Northern Virginia and Washington, DC. Contact us to schedule a consultation today at (888) 530-4374.