Divorce-custody-child traveling out of the US

[paola12]

Hello, this is not really about a criminal issue, but a legal issue.

Can anyone point me in the right direction? (I am a US citizen now, originally a K-1 visa holder, and my spouse was born a US Citizen. We have a child born in the US. In case of our divorce, I am sure my ex-spouse will not allow our child to travel abroad and visit my family (child's grandparents). He will not sign the application for a passport and will not sign a parental consent to travel. Does anyone know whether legally there are any ways to oppose this in court?

Thanks.

[Trinity71]

Hello, this is not really about a criminal issue, but a legal issue.

Can anyone point me in the right direction? (I am a US citizen now, originally a K-1 visa holder, and my spouse was born a US Citizen. We have a child born in the US. In case of our divorce, I am sure my ex-spouse will not allow our child to travel abroad and visit my family (child's grandparents). He will not sign the application for a passport and will not sign a parental consent to travel. Does anyone know whether legally there are any ways to oppose this in court?

Thanks.

Minor children cannot obtain a passport or travel internationally without the consent of both parents. This is true for all U.S. citizens and there is not any way around it. It is unfortunate that that he will not allow the child to travel, but completely understandable. Most parents that have gone through a divorce and specifically one less amicable would clearly have concerns and fears about their child being taken out of the country. Even more so when the other parents has family and support outside of the country. The grandparents will just have to come here to visit the child instead.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[inadmissible]

This is common in divorce

Like all things you are not entitled, you'll have to bargain for it, by offering the other party something it isn't entitled to

Eg offer him a reduction in spousal/child support payments in any year he consents to the child being able to freely travel abroad with you

[paola12]

Thanks for your advice. Has anyone heard of the Ne Exeat bond?

[Nick757]

I have a friend in similar situation but child is allowed to travel to India with either parent.