Passport and Vacation Issues During Child Custody Disputes in Albuquerque, New Mexico

 

The process of securing a passport for one’s child can be a harrowing quest that is filled with a seemingly endless sequence of procedures and policies.  Child custody disputes have the ability to take this already complex process, making it feel like an insurmountable obstacle.

One must take a sequence of steps in order to obtain a child’s passport.  Two aspects of the application process can be problematic for parents that are engaged in a child custody dispute:

 

I.  Proof of Parental Relationship

 

The first hurdle is relatively straight forward, requiring a parent to submit documentation that lists the child’s parent(s) or legal guardian(s).  This documentation typically includes:

1.  Birth Certificate;

2.  Adoption Decree; or

3.  Divorce/Custody Decree.

II.  Parental Consent

 

Parental Consent is the biggest obstacle that parents involved in a child custody dispute must surpass in order to secure a child’s passport.

A parent has sole legal authority to apply for a child’s passport in the following situations:

1.  Court Order grants the parent sole legal custody of the child;

2.  Court Order specifically states that the parent can apply for the child’s passport;

3.  Certified copy of the child’s birth certificate only lists the applying parent; or

4.  Certified death certificate of the parent that cannot appear in person.

In situations where one parent lacks sole legal authority, both parents must sign the requisite documents, in order to complete the application process.

At times – and for a wide range of reasons that generally involve unresolved anger lingering from the breakup — one parent refuses to the sign the requisite documents.  In such a scenario, the parent attempting to secure the passport can file a Motion to Obtain Passport for Minor Child.  The issue would then be presented to the presiding Judge, who has the power to enter an order that either requires the resistant parent to sign the necessary paperwork, or enables one parent to move forward unilaterally to complete the process.

 

Threats to flee the State/Country with the child after separation

 

A parent’s ability to flee the State/Country with the child is a common issue that stems from a child holding a passport.

I routinely encounter issues where one parent threatens to remove the couple’s child from New Mexico.  This issue generates a host of jurisdictional issues.

Threats to flee New Mexico are especially concerning when one parent lacks an enforceable court order that prevents the removal of one’s child from the sate of New Mexico.

Parents can obtain an order that prevents the removal of one’s child from New Mexico, by filing the necessary Petition.  The Petition triggers the issuance of a Temporary Domestic Order (“TDO”).  The TDO essentially freezes the parties’ status quo and states: “DO NOT remove, cause or permit the removal of any minor child of both parties from the State of New Mexico without court order or written consent of the other party.”

Married parents can obtain a TDO by filing a Petition for Dissolution of Marriage.  Unmarried parents can obtain a TDO by filing a Petition to Establish Paternity, Child Custody, and parents Time-Sharing.

In both scenarios, the TDO becomes an enforceable court order once it is personally served on the opposing party.

 

Vacation time-sharing Issues that parents routinely encounter without a well-defined Parenting Plan

 

Passports go hand-in-hand with vacations.  On the other hand, parents that lack a well-defined Parenting Plan routinely encounter a plethora of vacation related problems that create otherwise unnecessary conflict and litigation.

Parenting Plans create an enforceable agreement regarding parenting issues such as child custody, parents time-sharing, and vacation time-sharing. Often, parents that lack a well-defined Parenting Plan encounter unnecessary confrontation regarding holiday and vacation time-sharing. These issues commonly include:

 

• When and for how long does each parent get the child(ren) for vacation time-sharing;

• What notice must a parent provide to exercise vacation time-sharing (usually 15 days);

• Is written consent required before one can exercise vacation time-sharing?

• Must each parent provide an itinerary of the proposed travel? What must the itinerary include?  When is the itinerary due?

• Is a parent entitled to “make-up time” for the regular time-sharing that is missed due to the vacation?

• Are there any other limitation to travel?

 

Do you have a well-defined Parenting Plan?  Does your Parenting Plan address the common vacation related issues addressed above?  If not, a well-defined Parenting Plan could aid in peaceful co-parenting, ultimately cutting off a field of potential issues before they blossom into litigation.

 

KEYS TO NEW MEXICO CHILD CUSTODY LAWS FOR OUT OF STATE TRAVEL 

 

• Follow your parenting plan or court order;
• Always get permission first;
• Provide adequate notice and itinerary; and
• Follow your court order.

 

 

(505) SANCHEZ IS HERE TO ANSWER ALL OF YOUR QUESTIONS ABOUT PASSPORT AND VACATION ISSUES DURING CHILD CUSTODY DISPUTES IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions regarding passport and vacation issues during child custody disputes in Albuquerque, New Mexico?  Child Custody cases often require the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez is an Albuquerque child custody dispute attorney with the experience to handle your case.  Sanchez can be reached by calling (505) SANCHEZ.