By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a passport for your child they would have to notify you and then you can stop it.
In the US the non-custodial parent can leave if they choose, they cannot however take a minor child with them unless a court rules otherwise.
• This depends on your custody agreement, but I'm fairly certain a non-custodial parent needs permission. Just like a custodial parent will need permission depending on what the custody agreement states. I do know, however, that a custodial parent can get a passport without the permission of the non-custodial parent if he/she meets certain requirements. is that parent's name the only one on the birth cirtificate? Does that parent have sole LEGAL custody?
If you want to take the child with you, you will need the other parents permission as well as the courts. But not if it's just you leaving.
No the custodial parent has to have either the courts permission or the non-custodians permission.
noI'm in KCMO
If a custodial parent can take a child out of the country on vacation without telling the non-custodial parent will depend on the court order and the laws in the state they live in. Many states will want the custodial parent to get a notarized document from the non-custodial parent stating they are giving their permission for the child to leave the country.
No, the custodial parent must give written a agreement which contains all pertinent information including the date the child/children will leave and the date they will return, how and when the non-custodial parent should stay in contact, and so forth. If a non-custodial parent removes a child/children from ANY place w/o the knowledge and/or permission of the custodial parent they are committing "parental kidnapping" and may be subject to criminal prosecution and other penalties.
It depends on whether you mean permanently or simply for a vacation. First, you cannot violate a visitation order without the consent of the non-custodial parent, preferably in writing. You do not require the court's or non-custodial parent's permission to leave the state for a vacation but the non-custodial parent should be notified and visitation time should be made up if missed. You do need the non-custodial parent's consent to leave the country for even a short vacation. In fact, you would encounter problems leaving the country, entering another country and returning without an official consent. You cannot leave either state or country permanently or for an extended period without the consent of the non-custodial parent and a modification of court orders. Doing so could result in your losing custody.
There are many factors involved. In most cases the authorities will not allow a minor to leave the country without permission of the other parent.
if a non custodial parent reuses to sign a passport the only option is court. A judge can decide if it is in the best interests of the child to leave the country.
It depends upon the custodial order. A minor cannot legally leave the residence of the primary custodial parent unless the other parent shares equal joint physical custody. Even so, the move generally must be an equitable agreement. A parent giving permission for a minor to leave the custodial residence must also inform the non custodial parent of the move to allow said parent to voice an objection and/or file a formal petition of opposition in the appropriate court.
A noncustodial parent can prevent the custodial parent from leaving the state with a baby or child. The court will decide if the custodial parent has just cause to leave the state.
You need to take this to court. The court will or will not give you permission to leave with the children, based upon the evidence at hand.
no
my sister has full custody of her daughter, however, the father has visitation rights. He calims that as the non custodial parent there's a law that states that he should be the parent to keep her passport under his possession. Can you please confirm if that is accurate.