Custody disputes are often complicated, especially when they involve decisions about a child’s travel and safety. One issue many parents face is what happens to a child’s passport when there is a custody disagreement or divorce. In Texas, rules around passports and travel are guided by the Texas Family Code and federal laws.
This article will break down what parents need to know about passport control during custody disputes, real-life scenarios, and how Texas law applies to these situations. It will also explain how a family law attorney, like the team at Turner-Monahan PLLC, can help protect your child’s best interests.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Passport Control in Custody Cases
When two parents separate or file for divorce, the question of who holds the child’s passport often comes up. A passport is not just a travel document; it represents the ability to take a child across state or international borders.
Without clear legal agreements, either parent may have access to the passport, which can lead to serious concerns such as:
- A parent taking the child out of the country without consent.
- Travel plans that interfere with custody schedules.
- Disagreements over vacation timing and destination.
This is why Texas family courts often include passport provisions in custody orders.
How Texas Family Code Handles Passports
The Texas Family Code Section 153.503 allows courts to take steps to prevent international child abduction. This may include requiring the court to hold the child’s passport, or setting strict rules about how and when a parent can travel internationally with the child.
Key Provisions:
Passport Control: A judge may order the passport to be kept by the court or a neutral third party to prevent unauthorized travel.
Travel Consent: Both parents may need to sign a written consent before the child leaves the country.
Notification Requirements: Parents may be required to give advance notice, including travel dates and flight information.
Emergency Restrictions: The court can restrict a parent’s ability to apply for a new passport for the child without the other parent’s consent.
Texas Family Code §153.503 specifically addresses situations where there is a risk of international abduction and provides the court authority to set strict passport controls.
Real-Life Scenarios Parents Face
Scenario 1: One Parent Holds the Passport
If one parent has been keeping the passport, but there is a history of travel disputes, the other parent can request that the court take control. For example, if a mother plans to travel to another country for vacation and the father fears she won’t return, he can ask the judge to secure the passport before travel.
Scenario 2: Disagreement Over Travel Dates
During summer vacation, one parent might want to travel out of state, but the trip conflicts with the other parent’s visitation schedule. The court may set clear guidelines on when and how travel can occur.
Scenario 3: Unauthorized Passport Application
If a parent is worried the other might apply for a new passport without permission, the judge can order both parents’ consent before any application is processed. This prevents secret applications and protects the child’s safety.
The Role of the U.S. Department of State
On a federal level, the Two-Parent Consent Law requires that both parents give consent before a passport can be issued for a minor under 16 years old.
In Texas custody disputes, this law works alongside the Texas Family Code to ensure that one parent cannot act alone without the other parent’s knowledge or approval.
If there is a court order specifying who has the right to apply for or control the passport, the Department of State will follow that order.
Steps You Can Take During a Custody Dispute
If you are going through a custody dispute and passports are a concern, here are some important steps to take:
- Talk to an Attorney Family Law Specialist: A family law attorney can help you understand your rights and file motions to protect the passport.
- Document Travel Plans: Keep records of all proposed travel, including dates, locations, and consent forms.
- File a Motion with the Court: If there is a genuine concern about child abduction, your lawyer can file for passport control under Texas Family Code §153.503.
- Notify the State Department: You can request that your child’s name be added to the Children’s Passport Issuance Alert Program to prevent unauthorized passport issuance.
How Custody Orders Address Passports
Most custody orders in Texas include language about travel and passports. This may include:
- Which parent keeps the passport when not in use?
- Required consent before the child travels out of state or internationally.
- Timeframes for providing notice of travel plans.
- Consequences for violating travel rules.
Clear, detailed custody orders can prevent confusion and protect the child’s best interests.
Custody vs. Conservatorship: Texas Terminology
Navigating these issues without proper legal help can be overwhelming. Turner-Monahan PLLC offers comprehensive family law services and has over 50 years of combined experience handling cases involving:
- Divorce proceedings
- Marriage asset division and divorce asset split
- Contested divorce and divorce without an attorney issues
- Spousal support and spousal maintenance attorney services
- Military divorce attorney guidance
- Prenuptial agreement lawyer and postnuptial agreement services
Whether you are in Fort Worth, Dallas, or Cleburne, Turner-Monahan has skilled attorneys ready to guide you through complex family law matters.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
If you are facing a custody dispute involving travel or passport concerns, the attorneys at Turner-Monahan PLLC can help you navigate these complex issues. With decades of experience as family and divorce lawyers, they understand how to protect your child’s future and your parental rights.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
