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  1. #1

    Default Passport

    Maryland - Out of Country Travel

    My ex-husband has "sole legal custody" of our two sons, ages 10 and 12. In a conversation this morning, I learned that they have passports. It was my understanding that regardless of custody, both parents were required to sign for a minor's passport. I did not sign for the passports. Does the term "sole legal custody" in a Divorce and Custody Agreement preclude that rule? Thank you so much for any help you all might give!

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Passport

    There is a form that can be filled out and then notarized along with the passport application that allows you to explain why only one parent is able to sign the passport application.

  3. #3

    Default Re: Passport

    Ok....so he can do this completely without my knowledge? Can I also do that?

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Thumbs down Re: Passport

    Not unless you plan to lie on the DS-3053.
    He had to show primary evidence of sole authority to apply for the children, such as a court order granting sole custody to the applying parent.

  5. #5

    Default Re: Passport

    Ok....Disappointing, but I understand. I would like to take the kids on a cruise for Christmas, but I very much doubt he will give me access to their passports. I wasn't aware that this could be done, so thank you for clearing that up for me.

  6. #6
    Join Date
    May 2008
    Posts
    582

    Default Re: Passport

    It may depend what is in the custody order. I have sole custody and in my order it says that I can get a passport for my child without the other parent's consent.

  7. #7
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Passport

    Yes - sorry if I was not clear. One parent can apply for and get passports for the kids without the permission of the other parent - provided they have some evidence to prove they have sole legal custody of the children.

    However, some custody orders have restrictions that can remove this option for the sole legal custody parent or even give permission to the parent who does not have legal custody to obtain passports. It depends on how your particular court order was written.

    And once a person does have a passport they can not be issued another one unless the original is lost/stolen. So your kids can not have one valid passport and dad's and another at mom's.

    Hope that helps!

    OH! and another thing... unless you are a flight risk or a danger to your kids - you should try to take them on the cruise. If the other parent will not give permission you can always petition the court and see if the judge will order the other parent to let you go on the trip.

  8. #8

    Default Re: Passport

    That does help, thank you! There are no provisions either way in our divorce/custody agreement (just never thought about it at the time), but I know the boys would love a trip like that. It's always worth asking isn't it? Thanks again!

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