Joint Custody and getting a passport?

[barkley]

you need to check what the legal requirements are on the passport site, and with the PORT AUTHORITY at the ports you will go out of and in to.

the issue with minors is'nt just passports, it's a parent or other adult having the legal authority to take a child outside the u.s.

this can even be an issue where the parents of a child are still married and reside together. if only one parent is traveling with the child, and that travel entails leaving the u.s., the other parent has to give permission (usualy through a notarized letter). these laws are in place to prevent international child abduction.

a cruise line rep. may tell you one thing but it's the port authorities who enforce the current laws.


we went on a cruise and during the borading process witnessed a family turned away b/c the child's mother did not have notarized permission from her ex for the child to leave the u.s. the mom was REALY upset and kept arguing that she had the legal right to take the child on the trip b/c of the way custody was set up. the port authority told her that unless she had proof by way of her custody papers or a notarized letter from the person listed as the father on the child's paperwork, they would not permit the child to embark the ship.

 

[bookgirl]

I agree with the other poster, consult an attorney.

Also, you don't a passport to cruise if you are leaving from the US and returning to the US.

Law changed in 2008, you have to have a passport if you leave the us on a cruise stop at a forgien port and reenter or cross the boarder. Because of the hold up in passports they did have a grace period where you could show a birth certificate but that was only for a few months.

There was a big mess when I went on my cruise, because of the new law EVERYONE was panicing about getting thier passports and there was like a 5 month backlog. I expedited mine and got it quickly but at the time there were just horror stories.

 

[Mickey'snewestfan]

be aware if you get the passport the other parent WILL be able to use it....even if you have it they can file for another copy and then they can take the child out of the country! This is why I have not taken my son on a cruise...I do NOT want my ex to have that right.He has a weird obsession with middle east customs and has alot of friends from there and I am scared to death he would take him and go there!

I'm a single adoptive parent, so I don't have this concern with the X, but everytime I've crossed an international border with my son they've asked to see documentation (in our case an adoption decree listing me as sole parent) that shows I'm the only parent.

My mom, brother and I went to Australia about 15 years ago. She tool all three passports to get our visas and they turned her away saying she needed my father's death decree. It was only after she got home and told me that I asked her if she'd mentioned that we were all over 18 they'd have given the visas no problem -- she called and they confirmed that so she went back.

 

[taylor1293]

I remember the mad rush for passports . But we are going on a cruise this summer (and although we will have passports) we confirmed that they are NOT necessary for a closed loop cruise . If we were traveling farther away on our cruise then we would, in fact, need one.

Law changed in 2008, you have to have a passport if you leave the us on a cruise stop at a forgien port and reenter or cross the boarder. Because of the hold up in passports they did have a grace period where you could show a birth certificate but that was only for a few months.

There was a big mess when I went on my cruise, because of the new law EVERYONE was panicing about getting thier passports and there was like a 5 month backlog. I expedited mine and got it quickly but at the time there were just horror stories.

 

[bookgirl]

I remember the mad rush for passports . But we are going on a cruise this summer (and although we will have passports) we confirmed that they are NOT necessary for a closed loop cruise . If we were traveling farther away on our cruise then we would, in fact, need one.

Ah, you must be stopping at a US held terriotory, (Puerto Rico, US Virgin Islands, etc) Those are considered staying in the US.

You're right no passport needed just for those.

 

[Grumpy's Gal]

the laws recently changed after too many parents were "kidnapping" or taking their children out of the country without the other parent knowing.

So even if you say you've done it in the past with no problem, you most likely will have a problem this time.

Consult an attorney.

 

[freckles and boo]

SIL's husband wants to adopt him as his own (has been with him since he was 5) but ExDH has said before that he would never give up his rights.

If he can't be found then he can't be served. My sister went through this same type of situation. Her lawyer posted announcements in the papers as required. Her ex never responded and his rights were terminated, which made the boys available for adoption by her husband/their new dad.

 

[2girlsmom]

The posting in the paper is only assuming the ex is not in prison. My sister's ex was in prison, so in order to have his rights terminated, she had to notify the prison AND pay for HIS attorney to fight her.

 

[freckles and boo]

The posting in the paper is only assuming the ex is not in prison. My sister's ex was in prison, so in order to have his rights terminated, she had to notify the prison AND pay for HIS attorney to fight her.

The OP stated they don't know where the ex is. If they can't find him for a signature on a passport application then they can't find him to serve termination papers, either. It would be counterproductive to spend a lot of time and energy tracking him down if they want to terminate his rights.

 

[m&amom]

We just took my ex husband to court over my daughter to have my current husband adopt her. My lawyer just had to show that he had no contact and no money given to me. We posted in the paper because we had no idea where he was. The judge gave us permission to go thru with the adoption and have her name changed without his permission becuase it was in her best interest. This only took a couple of months and 2500 dollars. Now if anything should happen to me she can stay with my husband and not lose her entire family. I defiently recommend your daugher contact a lawyer it will be quite easy to do since he has removed himself from the childs life.

 

[taylor1293]

Ah, you must be stopping at a US held terriotory, (Puerto Rico, US Virgin Islands, etc) Those are considered staying in the US.

You're right no passport needed just for those.

Nope, we aren't. We are going to Grand Cayman, Belize, Mexico, and Roatan .

Let me attach a link again...I hope this helps to clear it up.

http://www.carnival.com/CMS/FAQs/New_Passport_Requirements.aspx

Here is a clip from the link:

Carnival highly recommends all guests travel with a passport (valid for at least six months beyond completion of travel). Although a passport is not required for U.S. citizens taking cruises that begin & end in the same U.S. port, travelling with a passport enhances your disembarkation experience, as delays may be expected upon your return to the U.S. if you do not have one. Additionally, passports make it easier for you to fly from the U.S. to a foreign port should you miss your scheduled port of embarkation, or need to fly back to the U.S. for emergency reasons.

 

[Mickey'snewestfan]

Regardless of whether you can travel out of the country with a minor child and no passport, you won't be able to cruise without some kind of documentation from the child's father that you have permission.

 

[NotUrsula]

Here is the US government's official statement on closed-loop cruises:

"Closed Loop" Cruises: U.S. citizens who board a cruise ship at a port within the United States, travel only within the Western Hemisphere, and return to the same U.S. port on the same ship may present a government issued photo identification, along with proof of citizenship (an original or copy of his or her birth certificate, a Consular report of Birth Abroad, or a Certificate of Naturalization). Please be aware that you may still be required to present a passport to enter the foreign countries your cruise ship is visiting. Check with your cruise line to ensure you have the appropriate documents.

It's that last part that can be tricky.

Anyway, the most important point for the OP is that even if they can leave the US, they might not be able to leave the ship at any ports unless she has got either sole-custody papers, or that notarized permission letter. People who take off with their kids are onto the passport loophole of doing it via a cruise ship, but so is law enforcement -- the other countries' entry officials check before they let you off the pier. Mexico is especially strict about this.