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Need Passport But Have Joint Custody / Want To Change To Sole Custody

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  • 02-06-2008, 10:08 AM
    TN_help
    Need Passport But Have Joint Custody / Want To Change To Sole Custody
    Approximately 6 years ago, my divorce was filed in FL where we lived. My ex-husband moved to NC three months following the divorce and still lives there. We agreed on joint custody of our son (now 7 years old) and everything worked fine while we both lived in FL. I moved to TN one year ago.

    I've had issues with child support so I opened an inter-state case with TN and NC.

    My ex doesn't ever call his son. Last time he saw him was Jan 1 2007 (I invited him) and prior to that was Oct 2005, so it's very limited visitation - because of my ex. I've tried to make the arrangements.

    Well, now my family and I (I'm still unmarried) want to take a trip out of the country (Canada) and I need to get approval from the non-custodial parent because we have joint custody. Or, I have to prove I have sole custody.

    How do I go about changing joint custody to sole custody? Do I petition to modify my court orders, and if so, through what state? My child support case is through TN, but my dissolution of marriage is through FL, which contains the child custody agreement.

    Please help!!!
  • 02-06-2008, 10:13 AM
    Baystategirl
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    Did you ask your ex to consent to the passport? It would be a lot easier and less expensive that opening a custody case.
  • 02-06-2008, 10:22 AM
    jojo4
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    ..and you're not going to be granted sole custody based on the fact that you want to get the child a passport.

    Just call Dad, ask him to sign the form and have it notarized, send it back to you and go apply for the passport. Not a big deal.
  • 02-06-2008, 12:05 PM
    TN_help
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    Yes, I asked my ex a a couple months ago and even emailed him the link to the form. He isn't very responsible (that's sarcasm - he's NOT AT ALL responsible) and therefore, I don't believe I will get it from him. We are not really on speaking terms. I can continue my attempt to get this form; however, this may not be the first issue to come up.

    He doesn't really care and doesn't participate in my son's life at all. In the long run, it may be easier just to get sole custody. That's why I'm asking - not just because I need the passport. The passport just happens to be the "issue" at the present time.
  • 02-06-2008, 12:58 PM
    Xena
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    Quote:

    Quoting TN_help
    View Post
    Yes, I asked my ex a a couple months ago and even emailed him the link to the form. He isn't very responsible (that's sarcasm - he's NOT AT ALL responsible) and therefore, I don't believe I will get it from him. We are not really on speaking terms. I can continue my attempt to get this form; however, this may not be the first issue to come up.

    He doesn't really care and doesn't participate in my son's life at all. In the long run, it may be easier just to get sole custody. That's why I'm asking - not just because I need the passport. The passport just happens to be the "issue" at the present time.

    Email him again asking for him to sign the form but give him a deadline to do so. Explain that if you haven't recieved the form by the deadline date you'll be forced to take the issue to court. Quite often, just the idea of having to go to court will be enough to make a parent get busy and sign.
  • 02-06-2008, 01:33 PM
    TN_help
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    Good idea. I will try that first. I will mail him the form already completed to be sure he gets it. Then all he has to do is sign it and get it notarized.
  • 02-06-2008, 01:51 PM
    TN_help
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    For anyone who wants to know, the form required by the U.S. Department of State does have a section titled "STATEMENT OF SPECIAL CIRCUMSTANCES" which can be completed by the parent applying for the passport when the written consent of the non-applying parent cannot be obtained. I've been told by the Bureau of Consular Affairs, Office of Children's issues that the application may or may not be approved.

    My plan: mail the completed form (registered mail requiring signature) to my ex where all he has to do is sign and notarize it, then mail it back to me. If I don't get a response in a month or so, I will use that in my explanation of special circumstances.

    This should do the trick. I don't see why I couldn't get the passport application approved that way. There's only so much I can do to get someone to do something. "You can lead a horse to water, you can't make him drink." And he's definitely a horses a$$ (did I say just say that?).

    Thanks to everyone who responded. I love this site!
  • 02-06-2008, 07:25 PM
    MassachusettsMom
    Re: Need Passport But Have Joint Custody / Want To Change To Sole Custody
    My situation kind of relates to this one -- ex and I have joint legal custody in Massachusetts. I have sole physical custody. ISSUE: He wants to bring the children to Canada but in the past has failed to promptly return the passports and refuses to provide me with his vacation address. I worry about the children because his ideas about 'safety' conflict with mine -- e.g., he only has 1 carseat for his 5-year old stepchild and our 5-year old child and the children take turns using it on a daily basis. He also lets our 8-year old child sit in the front passenger seat. As a mom I think I have a right to know where he takes them. Do you think a judge would/could order him to provide me with the address?
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