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If I filed for child custody ,Could I obtain my son's passport to travel out of the country?

I have been separated from my son's dad for over a year and since Otober last year I been asking him to come with me or give a notaralized letter so I could appy for our child's passport to take our son to the country were I ws born and raised (Dominican Republic) which I have not visit in the past 5 yrs. I been asking and I still get the same answer: he response is nothing guarantees me that you are comming back when Im only going for 7days. Now my mother my sister and nephew are going we were planning a family reunion after 7 yrs and Im unable to attend since Im definetely would go without my son, If I filed for child custody, could I obtain my son's passport?

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zip10469

Asked by zip10469 at 9:12 PM on Jun. 22, 2011 in Parenting Debate

Level 8 (233 Credits)
Answers (15)
  • Yep, u sure can. I got my daughter a passport without her dads ok.
    emmyandlisa

    Answer by emmyandlisa at 9:15 PM on Jun. 22, 2011

  • More than likely you would not only have to file, but receive full legal and physical custody. The reason both parents have to apply is because of parental kidnapping issues. You know that you plan to come back, but in your ex's mind there is no guarantee and it is a risk that he is not willing to take.

    Good luck! I hope you get to go.
    balagan_imma

    Answer by balagan_imma at 9:20 PM on Jun. 22, 2011

  • In NY both parents are required to be present when aplying for a minor 16yrs passport or have a notarized letter for the non present parent.
    zip10469

    Comment by zip10469 (original poster) at 9:22 PM on Jun. 22, 2011

  • Not to Canada, they pulled my kids out of the car to question my parents when i signed a notarized letter an they have dads death certificate. You need to have both parents consent.
    sugamama3

    Answer by sugamama3 at 9:36 PM on Jun. 22, 2011

  • Oh and when our hockey team goes to Canada, every parent has to have the others consent if they are not along even if they are married.
    sugamama3

    Answer by sugamama3 at 9:38 PM on Jun. 22, 2011

  • call your lawyer and ask him if he could get the judge to help get your son's passport.. maybe they would order him to sign consent if you are willing to sign papers that state you will be coming back with your son...
    girlglow6

    Answer by girlglow6 at 9:51 PM on Jun. 22, 2011

  • You would have to be ORDERED full custody before. I could file tomorrow to have my ex's rights terminated but that doesn't mean that's what is going to happen, the judge would have to order it, same with custody. TBH, generally you have to prove the other parent is at least somewhat unfit in order to get full custody or that they have not been around for a certain amount of time. Also, I hate to say it, but your ex is being smart, the fact is, once you got a passport for him, there IS NO guarantee you would bring him back and once he is out of the country, it could take years and years for your ex to find him again. Not saying you would do it but your ex is smart to be cautious because a lot of parents do this.
    JLS2388

    Answer by JLS2388 at 11:25 PM on Jun. 22, 2011

  • I can see why he would be worried. A friend of mine lost all 5 of her kids when her husband took them to Brazil. She can't even see them now. Your ex is smart to make you wait for a while so he knows where your head is. You probably won't get full custody so chances are you will need to take the trip by yourself if you want to go.
    Anonymous

    Answer by Anonymous at 12:09 AM on Jun. 23, 2011

  • call your lawyer and ask him if he could get the judge to help get your son's passport.. maybe they would order him to sign consent if you are willing to sign papers that state you will be coming back with your son...

    Those papers would be meaningless if she decided to stay. He is smart to not help her get the passport.
    Anonymous

    Answer by Anonymous at 12:11 AM on Jun. 23, 2011

  • You will probaby ned the assistance of an attorney/judge and thwey would even be reluctant to help you because they will be held responsible if you bring the child back. You have to have the father's permission to get a passport and to travel out of the country with the child.
    matthewscandi

    Answer by matthewscandi at 1:16 AM on Jun. 23, 2011

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