Obtaining Minor Passport

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jordanr

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I am a single mother of a 4 year old boy. My son and I have lived in Oklahoma since June of 2007 when he was 8 months old. Before that we lived in Kansas City Missouri, where my son was born, with his Father. We were never married. In May of 2008 a paternity/visitation order was established with his Father which basically gave him one extended weekend a month along with holidays. His father does not exercise his visitation as given to him. He has seen his son twice this year, once in March and again in July. The last visit I drove and stayed in Kansas City for the weekend. He has been without a vehicle for several months. Unfortunately my son and his Dad do not have a very good relationship so far.

My question is about obtaining a passport for my son. I will be traveling to Europe several times a year for work and would like to be able to bring my son and parents along sometimes. I spoke with my son's Dad about helping me do this. He refused, and accused me of trying to move out of the country with my son. Is there anything I can do to get a passport for my son without his Father's permission? Would a court even hear it? Do I need to speak with an attorney in Oklahoma? I have an attorney in Missouri, where our court order is, should I speak with him?

Thanks for reading; any guidance would be greatly appreciated.
 
If you have joint legal custody, you will need either Dad's permission or a court order compelling Dad to sign the forms.

If you have sole legal custody or if Dad's name doesn't actually appear on the birth certificate, you do not need his consent.

However, if Dad can articulate a genuine concern that you would remove kiddo permanently, there's a chance you'd have to post a bond before taking kiddo out of the country for your business trips.
 
We have joint legal custody and his name appears on the birth certificate.

If I were to attempt a court order compelling him to sign; all he say is he thinks I am trying to remove him from the country and no go. Sounds like the odds are not in my favor.
 
I'm not so confident of that ;)

What are your ties to the other country/ies, for example? Do you have relatives there?

Have you been in the job long? You're well-established here, yes?
 
I have zero ties to any country outside of the US. I have never been to Europe myself even.

I have been working here since January 2010, full time since college graduation in June 2010. I grew up in Tulsa, graduated from high school and college in Tulsa, my parents live in Tulsa, I own a home in Tulsa; does that qualify as well established? :)

I honestly have no ill intention toward his Father in any way. I just would like the option of my son traveling with me if desired.

Do you know if this is something that has to be handled in MO because that is where our oiginal order is?
 
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Judges commonly make orders compelling the NCP to sign for a passport; generally speaking the only situations in which they won't is if the NCP can genuinely articulate a definite flight risk/kidnapping/absconding risk. I don't see such a threat here.

Yes, file where your orders are originally from - give your attorney in MO a quick call. This shouldn't take much of anything at all.

Happy traveling :)
 
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