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Moving out of the country

Discussion in 'Child Custody & Visitation' started by Krystle, Jul 11, 2020.

  1. Krystle

    Krystle Law Topic Starter New Member

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    I have sole custody of my son and am considering moving out of the country. Do I need permission from the court to move with my son? Or do I need to go back to court to modify the visitation schedule? Is there anything specific I need to know or do ahead of time? It’s still very early in any planning, but I need to know if I’ll need a lawyer and go back to court.
  2. justblue

    justblue Well-Known Member

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    Yes, you need the permission of the court. Have you notified the father of the children? What is the current visitation with dad? Why are you moving? What country are you moving to? Are you prepared to pay for all costs for visitation IF the child is allowed to go with you?

    Yes, an attorney is a good idea.
  3. adjusterjack

    adjusterjack Super Moderator

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    You will if the father doesn't consent.
  4. leslie82

    leslie82 Well-Known Member

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    Yes you need to talk to a lawyer. If you don't go through court, it might come back to bite you later.
  5. army judge

    army judge Super Moderator

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    All children under age 16 must apply for a passport in person with two parents or guardians using Form DS-11 https://eforms.state.gov/Forms/ds11.PDF .

    You cannot renew your child's passport. Passports for children under age 16 are only valid for 5 years.

    1. Fill Out Form DS-11
    2. Provide U.S. Citizenship Evidence
    3. Bring a Photocopy of U.S. Citizenship Evidence
    4. Show Parental Relationship
    5. Present ID
    6. Bring a Photocopy of ID
    7. Show Parental Consent
    8. Provide a Photo
    9. Calculate Fees
    10. Submit Your Completed Application
    11. Track Your Application Status

    Parents may enroll their U.S. citizen children under the age of 18 in the Children’s Passport Issuance Alert Program (CPIAP), Children's Passport Issuance Alert Program one of the Department of State’s most important tools for preventing international parental child abduction. If a passport application is submitted for a child who is enrolled in CPIAP, we attempt to alert the parent(s) to verify whether they approve passport issuance.

    Passports and Children in Custody Disputes
    Are you involved in a custody dispute over your child? Are you concerned that your child may be taken abroad by the other parent without your knowledge?

    We've assembled some resources for you.

    If your child has been abducted internationally, contact the Office of Children's Issues (1-888-407-4747 or PreventAbduction1@state.gov) and appropriate law enforcement officials immediately.

    While we make every effort to help, the Office of Children's Issues can assume no legal responsibility for the services provided.

    For more information about the issuance or denial of U.S. passports to children involved in custody disputes, or about international child abduction, please contact:

    U.S. Department of State
    Bureau of Consular Affairs
    Office of Children's Issues
    SA-17 9th Floor
    Washington, DC 20522-1709
    Phone: 1-888-407-4747
  6. zddoodah

    zddoodah Well-Known Member

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    Sole legal and physical custody?

    What, if anything, does your divorce decree say about either parent moving with the child or about taking the child out of the state or country?

    Well...you told us nothing about the existing visitation schedule and didn't tell us where you are thinking about moving. For example, if you're currently in El Paso and are contemplating moving to Ciudad Juarez, Mexico, then you probably can maintain the existing visitation schedule. On the other hand, if you're contemplating moving to Denmark, then how could you possibly maintain the existing schedule?

    Yes, you need to know what your divorce decree says and follow it to the letter.
  7. Zigner

    Zigner Well-Known Member

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    The above is not (necessarily) true. From Children Under 16:

    Both parents/guardians must authorize the issuance of the child's passport. The best way to do this is for both parents/guardians to go with the child in person to apply for the passport.

    What if both parents/guardians cannot appear in person?

    If................................................. | Then...

    You have sole legal authority | You must submit evidence of this with the application. Examples include:

    • Complete court order granting you sole legal custody of the child, such as a divorce decree or other custody order
    • Complete court order specifically permitting you to apply for your child’s passport (photocopy is acceptable)
    • Certified copy of the child's birth certificate listing you as the only parent
    • Certified copy of an adoption decree listing you as the only parent
    • Certified copy of the judicial declaration of incompetence of the parent that cannot appear in person
    • Certified copy of the death certificate of the parent that cannot appear in person
    In other words, if the OP has sole legal custody, then the OP can apply without the other parent.

    EDIT: This is also stated on the application that you linked to.

    - Primary evidence of sole authority to apply, such as a court order;

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