Legal Question in Family Law in New Jersey
marriage unstable, wife wants passport for baby
My wife is a foreign national, and has had an employer-sponsored green card since long before we were married. I'm a US Citizen. Our baby was born in USA. She wants to get a passport for the baby so she can bring her to her country for a visit (both parents must sign the passport application). Problem is, our marriage is..iffy. I can see the possibility of divorce in the future, and if our daughter has a passport, I am worried thet my wife would take her to her country and I'd never see her again, regardless of any custody or visitation orders, since her government would be unlikely to help me enforce them. For a similar case recently in the news, Google ''Victoria Carrascosa Innes''.
If she got custody, could the judge compel me to apply for a passport for my daughter, or even issue one without my consent?
Our marriage is not THAT bad, at least not right now, and I do believe that if she took the baby for a visit NOW, they would return. The problem is, once the passport exists, even if I hold it, the judge could order me to turn it over to my (ex)wife. The safest thing would seem to be not getting her a passport. At least not until and unless our marriage becomes more stable. Or am I fooling myself?
2 Answers from Attorneys
Re: marriage unstable, wife wants passport for baby
You might request that only a temporary passport be granted, say for 60 days. Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: marriage unstable, wife wants passport for baby
A lot of what you are asking for is personal advice. I suggest the two of you go to some type of counseling before doing anything. Even if she had a temporary passport, she could take the baby and never return which seems to be your concern.
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