New Orleans, LA (PRWEB) April 03, 2012
Parents facing life after divorce find many legal issues that they may not have considered prior to the divorce. One of these is the need for consent from their ex to travel internationally with their children. If planning a summer trip to Mexico or the Caribbean in 2012, attorney Will Beaumont of Beaumont Divorce warns parents to plan carefully for international travel with children after divorce.
According to the New Orleans divorce lawyer, “Joint legal custody is a common arrangement after parents separate. In these cases, the US State Department requires both parents to sign consent in order for their child to get a passport. A passport is necessary for international travel to most parts of the world.”
Because many parents plan summer trips to cities outside of the United States, Beaumont advises to organize the consensual documentation and passports now, well before any trip, to decrease opportunities to catch ex-spouses off guard.
According to the US State Department, both parents must appear in person with the minor in order for a child under age 16 to be given a passport. If this is not possible and the parents have joint custody, then one parent must appear with the minor and the other must submit a notarized Statement of Consent, Form DS-3053. Parents with sole legal custody must be able to prove this either through supplying the court order granting this custody or the birth certificate listing only the custodial parent.
In cases where the parents separated on fairly friendly terms, this is rarely a problem. The parent who has physical custody simply needs to request the permission from the other parent, and the passport can be ordered. However, some parents face a situation where the ex-spouse does not want the child to travel internationally after a divorce.
“While the law requires the signature of both parents in most cases, there are ways around this when a parent refuses to sign,” stated attorney Beaumont.
Current law allows for a parent to seek a court order allowing travel with a child, even without the other parent’s consent. For most parents who have their children’s best interests at heart, the judge will be able to grant a court order to allow them to travel. This court order can be presented to the passport issuance office to obtain a passport, according to the State Department.
“Because this can get complicated if one parent does not want to have the child travel,” warns Mr. Beaumont, “we recommend for our clients to seek the help of their New Orleans divorce attorneys long before they need the passport. This ensures there is sufficient time to get the necessary documents in place before the proposed trip.”
Will Beaumont practices family law in New Orleans. The above is simply general information, and is not legal advice.
About Beaumont Divorce
Beaumont Divorce is a family law firm in the New Orleans area that focuses on divorce. The legal team at the firm is led by attorney William Beaumont. They provide compassionate care to individuals considering a New Orleans divorce. To learn more or schedule a consultation, visit http://www.beaumontdivorce.com or call (504) 483-8008.