Summer travel can be an exciting experience for children and parents alike. However, if you’re a non-custodial parent in Texas, you may need to request a passport from the custodial parent to travel internationally with your child. In this article, we’ll provide you with all the information you need to request a passport from the custodial parent for summer travel in accordance with Texas law.
Understanding the Laws and Regulations in Texas
Texas has strict laws and regulations in place to prevent child abduction and trafficking. In accordance with Texas Family Code § 153.133, if there is a court order in place, both parents must provide written consent before a child can travel internationally. If you’re a non-custodial parent and there is no court order in place, you can still request a passport for your child with the custodial parent’s consent. If the custodial parent refuses to provide consent, you may need to take legal action to obtain permission from the court.
Requesting a Passport from the Custodial Parent
To request a passport from the custodial parent, you’ll need to follow these steps:
- Contact the custodial parent: Reach out to the custodial parent and explain your travel plans. Ask them if they would be willing to sign a consent form allowing your child to obtain a passport.
- Obtain a consent form: Once the custodial parent agrees to provide consent, you’ll need to obtain a consent form. The form can be found on the U.S. Department of State’s website.
- Fill out the form: Fill out the form completely, ensuring that all the information is accurate and up-to-date.
- Submit the form: Once the form is completed, submit it along with your child’s birth certificate and any other required documentation to the U.S. Department of State.
- Await processing: The U.S. Department of State will process your application and will issue a passport if all the requirements are met.
Dealing with Uncooperative Custodial Parents
Unfortunately, not all custodial parents will be willing to provide consent for a passport. If you find yourself in this situation, you’ll need to take legal action.
If there is a court order in place and the custodial parent is not following it, you may need to file a motion to enforce the order with the court. This motion will require the court to hold a hearing to determine if the custodial parent is in violation of the court order. If the court finds that the custodial parent is in violation, it may issue an order requiring them to provide consent for the child’s passport application.
If the custodial parent is uncooperative and refuses to comply with the court order, you may need to file a motion for contempt. This motion will require the court to hold a hearing to determine if the custodial parent is in contempt of court. If the court finds that the custodial parent is in contempt, it may issue penalties, such as fines or even imprisonment, until they comply with the court order.
If there is no court order in place, you may need to file a petition with the court requesting permission to obtain a passport for your child. The court will consider several factors, including the child’s best interests and any potential risks associated with international travel, before making a decision.
In conclusion, requesting a passport from a custodial parent for summer travel in Texas can be a complex process. Contact The Blacknall firm if you decide to action and need legal representation.