Passports and Sole Custody

[TheyCallMeMama]

I'm going to court tomorrow (he defaulted) and am fully expecting to get sole legal and physical custody.  I know eventually I'd like to take my kids out of the country, is there something I should ask for specifically? The father is being cooperative right now, so if there's extra paperwork I need, now would be a good time to do it.  

Thanks for any help!

[LoveOhm]

I have sole legal and physical custody and did not have anything specific in my agreement about passports and I was able to get one for my daughter without worry.

[foreverinbluejeans]

It all depends on the state you live in. I had sole custody and my son had never even met his father. I lived in IN and couldn't leave the state. I would have had to go to court each time I wanted to leave the state with him since I couldn't get his father's consent. I didn't know where his father was or how to contact him.

My son couldn't even leave the state as a teen for Boy Scout trips. He had to be emancipated at age 20 for us to move to another state. If I would have left the state with him it would have been parental kidnapping. It could have been amber alert and I could have been arrested.

[Buzzer Beater]

It does not matter what state you live in...

The passport application is a federal document, and you will need the father's signature and pertinent information on it. I just got one six weeks ago for dd2. You do not need his permission to travel with your child.

[*MamaJen*]

I went ahead and put a line in my agreement saying I have sole right to get a passport for DS and can do it without his permission. It's painless to add it, and it may save trouble in the long run.

[Buzzer Beater]

I think that's a good idea. I'd be prepared to prove that to the clerk who helps you submit your passport app. Ours was very no-nonsense.

[maeby]

Originally Posted by foreverinbluejeans 

It all depends on the state you live in. I had sole custody and my son had never even met his father. I lived in IN and couldn't leave the state. I would have had to go to court each time I wanted to leave the state with him since I couldn't get his father's consent. I didn't know where his father was or how to contact him.

My son couldn't even leave the state as a teen for Boy Scout trips. He had to be emancipated at age 20 for us to move to another state. If I would have left the state with him it would have been parental kidnapping. It could have been amber alert and I could have been arrested.

20?

[*MamaJen*]

Originally Posted by maeby 

20?

I noticed that and figured it must have been a typo. 18 is the legal age of adulthood. Unless possibly it was a situation with a severe mental disability?

[TheyCallMeMama]

Well, the custody stuff didn't go through anyway, so next time around I'll add in a line about the passport :) Thanks for the help!  

I've already taken them out of state, it's my understanding that it's not parental kidnapping if the father isn't going to press charges.  It's not something where they just arrest you for the sake of arresting you, someone has to start the ball rolling, don't they?

[*MamaJen*]

My understanding is that you have the right to take your children anywhere (domestically) that you like, so long as there's nothing in your custody agreement specifically prohibiting it.