Child Custody and Visitation Attorney in Minneapolis, Minnesota

Out of State Vacation and Child Custody

Minneapolis, Minnesota family law attorney, Marc Johannsen, explains how if you leave the country with your children without the other parent, make sure to have the other parent sign the passport application.

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While you’re married you can do that without any limitations. Upon a divorce the court will have an order that typically will allow you to go on vacation anywhere in the continental United States without restriction. The exception would be if there had been some evidence to demonstrate that a parent may take a child for purposes of removing the child to deprive the other parent of their custodial rights or having the opportunity to have their parenting time. If that’s the case, the court may have a very explicit prohibition on removing the child from the state, but for vacation purposes, either parent can take the child really anywhere in the United States without limitation. If they’re going to take the child out of the United States, however, in order to get a passport under federal law both parents would have to sign that passport application to authorize the issuance of the passport for that minor, and that’s for a minor under the age of 16. At 16 that individual could then consent to get their own passport with the consent of one parent, but I always counsel both parents should consent because you don’t want to be standing on the border somewhere and have the border guard say that child’s been kidnapped and you get arrested. So, my preference always is to plan ahead. If you’re gonna leave the country get the approval of the other parent. That’s stop all kinds of future problems.

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