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The Impact of International Travel, Passports, and Children on Divorce in Texas

Travel, especially international travel, becomes a contentious issue during divorce proceedings. In a diverse city like Houston, many residents have family residing in other countries. Frequent international travel to visit relatives is part of their lives. However, when divorce enters the picture, things can become more complicated.

In most cases, spouses can reach an agreement regarding international travel arrangements for their children. They often use mediation, where an impartial attorney facilitates discussions between both parties to achieve a mutually acceptable settlement. The terms of this mediated agreement are then included in the final divorce decree. This eliminates the need to go to court and reduces the stress of having a judge make these crucial decisions.

Unfortunately, not all divorces lead to straightforward agreements regarding international travel with children. If you’re concerned about your child’s safety in your spouse’s home country or unsure whether your spouse will return with your child to the United States, this article can provide insights.

Why Do You Need Ex-spouse Info for Passport?

Requesting information about an ex-spouse when applying for a passport for a child is a security measure designed to prevent international child abductions and ensure the safety and well-being of the child. This requirement helps verify that both parents or legal guardians are aware of and consent to the child’s international travel.

Moreover, when a child applies for a passport, the U.S. Department of State typically requires the consent of all parents or legal guardians listed on the child’s birth certificate or legal custody documents. This includes both parents, even if they are divorced or separated. The goal is to prevent one parent from taking the child abroad without the knowledge or consent of the other parent.

Furthermore, by obtaining information about the child’s parents or legal guardians, including their contact details and consent, authorities can confirm that the child’s travel is authorized and that there are no disputes or concerns about the child’s safety during international travel.

It’s essential to note that specific requirements and procedures may vary by country; therefore, it’s advisable to check with the relevant authorities or consult legal counsel for guidance on passport applications and international travel arrangements involving children in your jurisdiction.

Passport Issues and Divorce

During divorce proceedings, passport-related issues can arise. In most divorces, both parents are designated as joint managing conservators. To obtain a passport for a child, consent from both parents is typically required. However, if one parent objects to granting permission, a judge may become involved in the process.

In such cases, a judge can order that a passport applied for and received against the objection of one parent be handed over to the court for safekeeping until a resolution is reached. After a hearing, the judge may decide which parent should retain possession of the passport, issuing an appropriate order.

Concerns About an Ex-Spouse Leaving the Country Permanently

In some divorces, parents fear that their ex-spouse might get a passport for their child and leave the country without planning to return. In such situations, a judge may not mandate your signature on any passport-related papers. If your spouse has a limited U.S. history or dual citizenship in another country, a judge could consider the risk too significant to order your participation in a passport application for your child.

Judges have the authority to make decisions that serve the best interests of the child. They can restrict international travel, specifying where, when, and how long each trip may last. In cases where international travel aligns with the child’s best interests, the judge may order you to sign a passport application, relinquish the passport to the court, or permit one parent to retain possession of the passport.

A Real-Life Example

A former client of the Law Office of Bryan Fagan, PLLC faced similar issues during her divorce. Initially, her husband planned to travel with their three-year-old daughter to a Middle Eastern country. This raised concerns because he had previously attempted international travel with their child, without plans to return. Additionally, this Middle Eastern country restricted women from traveling independently, limiting their ability to protect their children from international abduction.

In response, our attorneys promptly filed for an emergency court hearing. Through thorough fact-finding, we presented clear evidence to the judge regarding potential risks to the child’s safety.

As a result, the judge chose to keep the child’s passport until the divorce was finalized. This granted our client significant control over international travel arrangements for her husband and child, as outlined in the Final Decree of Divorce.

International Travel Concerns in Your Divorce? Contact the Law Office of Bryan Fagan, PLLC

If any of the issues in this article resonate with you, reach out to the Law Office of Bryan Fagan, PLLC. Our licensed family law attorneys have extensive experience assisting clients with concerns related to their children and international travel. We offer free consultations six days a week. Don’t hesitate to get in touch with us for guidance on your specific situation.

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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s important to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.

Our Divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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