Legal Question in Family Law in California

Am I obligated to allow my ex to get our minor child a passport?

I am a US citizen, I have one US born minor child with my ex who is a foreign citizen with zero family in the US. We have 50/50 legal custody, the ex has primary physical.

I have been request to allow the child to get a passport for travel abroad. I understand that for a minor to receive a passport both parents must sign. However does my ex have any legal grounds to force me to sign for this passport?

My ex has prevented visitation, and communication in the past, openly believes that the child does not need me, should not be allowed to visit, and should hate me. My ex has sent my child out of state without my knowledge, and has travel abroad with my child (years ago) without notifying me. I have honest fear that I will not see my child again.


Asked on 5/16/10, 3:07 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

I would file for modification of custody rights due to your wife attempting to take the child to foreign country. You can ask that the other parent post a bond due to your fear of a kidnapping. If the court finds that your basis of fear is valid they will grant your request. You should also file for custody just so you can have some determination on the custody rights you have.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/25/10, 11:53 pm


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