How Are a Child’s Rights to a Passport Governed by Law?
If you are a foreign national married to an American citizen, or your spouse is from another country, you need to be concerned about the passport rights of your children. As a general rule, any person under the age of 16 must have the consent of both parents to secure a passport, even if those parents are legally divorced. Does that rule change if your divorce decree gives you sole legal custody, barring the other parent from participating in decisions about the child’s welfare?
Foreign Spouse Marriages Not Uncommon
The United States Census Bureau reports that more than one in five household in the United States has at least one foreign-born spouse. In nearly half of those marriages, both parties were born outside the United States.
How Are Children’s Passport Rights Addressed under Texas Law
In Texas, as in all states, the law makes a distinction between physical custody and legal custody. Physical custody refers only to where the child actually resides. Legal custody addresses the right of a parent to participate in decisions about the child’s welfare, including health, education, religious upbringing and extra-curricular activities.
Texas refers to legal custody as “managing conservatorship.” The courts prefer to give both parents managing conservatorship, known as “joint managing conservatorship.” The court always has the discretion, however, to give sole managing conservatorship to one parent, provided doing so is in the “best interests of the child.” If, as part of the divorce order, the court conveys exclusive or sole managing conservatorship to one parent, that parent may apply for, renew or possess a child’s passport without the involvement of the other parent. Additionally, if the circumstances warrant, the court may give one parent the exclusive right to handle all matters related to a passport, without granting sole managing conservatorship for all matters.
Contact DTX Family Law for Guidance in a Texas Divorce
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At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston