Legal Question in Family Law in Florida
Can a parent that has JOINT custody of a child, and is primary caregiver, obtain a passport and take a child out of the country WITHOUT the other joint parents permission?
1 Answer from Attorneys
The parent can do it but it would be unlawful unless there is something in the court order that permits it. In my experience, most joint custody orders (besides one for Sole Custody) don't permit that. Also, unless a parent has been awarded Sole Custody, he/she must obtain permission/the signature of the other parent before a passport can be issued for the minor child. As a last resort, there are petitions to prevent the other parent from removing the child (i.e. revoking the passport of the child, etc). Should you need further assistance with this matter, please call 1-800-408-5818 or email [email protected].