Navigating Passport Challenges in Florida Child Custody Disputes
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"What is Passport Issues?"
Many parents want to travel with their children, from local trips to reunions abroad. They desire the freedom to cross borders. But sometimes, the non-traveling parent may block the children’s travel plans, causing issues.
Passport Application Process
The United States Department of State handles passport issuances. Both parents must apply for a minor’s passport. To get a passport for the child, both parents must be present unless a court allows one parent’s consent.
If one parent can’t come, they can sign a form for consent. You can find the “Statement of Consent” form DS-3053 on the official passport website.
Withholding Assent for Passport Approval
Under specific circumstances, a parent may decline consent for their child’s passport. The Department of State provides a process where one parent can apply for the child’s passport, citing unique family circumstances. This lets the Department evaluate the application without both parents’ agreement. The necessary form, DS-5525, is available on the Department of State website.
The criteria for the State Department to endorse an application under “Special Family Circumstance” will differ based on the specific circumstances.
Passports and Provisions in Parenting Plans
Numerous parenting plans in Florida Courts address child passport issues. If the custody decree doesn’t cover passport matters and getting consent is tough, legal help might be needed. Legal action may be necessary if the other parent refuses to participate. If the parent’s location is unknown, a court order might be needed for passport issuance. This is especially true if the “Special Family Circumstances” application is denied.
In situations where one parent violates a court-mandated parenting plan, initiating a motion for contempt may be appropriate. The viability of such action hinges entirely on the specific terms delineated in the court-ordered parenting plan unique to each case. The Law Office of Brittany Lindsay adeptly handles family law matters concerning passport issues in child custody cases in Central Florida and Tampa Bay ( like Hillsborough, Pasco, Pinellas, Polk, Sarasota, Manatee, and surrounding counties), and additionally specializes in enforcing parenting plans related to passport matters.
Dual-Consent Mandate
The stipulation of the Two-Party Consent regulation mandated by the U.S. Department of State serves as a safeguard against improper removal of children from the United States. Although this regulation may provoke frustration among parents seeking appropriate travel permissions, its imposition remains imperative to shield children from potential abduction.
Exclusively devoted to family and matrimonial law, The Law Office of Brittany Lindsay boasts extensive expertise in matters encompassing passport applications and issuances for minor children. Our legal practice extends complimentary consultations for family law concerns, including instances involving passport matters in child custody cases in Central Florida and Tampa Bay. Reach out to admin@bllpa.com or call 813-618-7252 to set up a consultation.