Taking Your Children Abroad After a Divorce | What You Should Know

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You want to or need to take your children abroad after a divorce. Unfortunately, your former spouse makes every single decision a battle. If you require assistance in this matter, please read on, then contact an experienced Hackensack, New Jersey divorce lawyer to learn what your rights and responsibilities are.

What do you need to take your children abroad after a divorce?

According to the U.S. Department of State, all children need to have a valid passport in order to travel overseas, regardless of their age. They also lay out the rules for how a divorced parent may submit a passport application if his or her children do not already have one. To obtain a passport for your children, you must submit an application with the following:

  • Citizenship evidence
  • Photocopy of ID
  • Photo
  • Payment for fees

You and your children must do this in person at a passport acceptance facility.

What happens if you do not receive the other parent’s consent to travel abroad with your children?

If you plan on taking your child or children abroad, whether for a vacation or to live permanently, you need the permission of their other parent and anyone else who has parental responsibility. Taking a child overseas without this permission is a crime, and might lead to charges of child abduction. The only exception is if the parent has proof of sole custody. As the parent not traveling with your child, your former spouse must provide notarized consent for your child to leave the country with you. Without his or her consent or signature, the U.S. Department of State will refuse to issue the passport.

How a New Jersey family law attorney can help you

Child custody in New Jersey is a serious topic that should never be dealt with alone. When one parent decides to travel abroad with his or her children, it could reignite old conflicts and the stress that accompanies them. Reaching out to a skilled New Jersey divorce lawyer can help turn down the temperature and assure the other parent, his or her lawyer and the Family Court at large, that you are not simply absconding with the children and unlawfully keeping them from the other parent. A seasoned legal professional will protect your rights and help you meet your responsibilities. Do not go it alone. Give us a call today.

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If you are facing any family law matter, contact HD Family Law today to schedule your initial consultation.

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