Every divorced couple has a predetermined set of rules regarding the splitting of responsibility and decision-making power. In most cases, both parents are named Joint Managing Conservator. However, in other situations, this can vary. In the case of the first scenario, your child requires consent from both the parents while applying for, renewing, or managing their passport.
The most common issue that arises here is when one of them refuses to cooperate and provide signatures. What will be your plan of action in this tricky situation? Can mediation solve this problem? In what circumstances can consent from one parent suffice the passport office requirements?
What is a conservator?
An individual who possesses the court-ordered custody of their child is known as a “conservator.” There are multiple types of conservators. They include:
- Joint Managing Conservator
- Sole Managing Conservator
- Possessory Conservator
What is a Joint Managing Conservator?
According to Texas law, parents are usually named as Joint Managing Conservators. This means that both the parents share the decision-making authority regarding their child/children. These include almost all issues like education, healthcare, finances, living arrangements, and more.
However, it does not mean that each of them will get an equal share of time with their child, that is dependent on the possession order as stated by the court.
The law states that if either of the parents have a pattern or history of violence against the spouse, they should not be named Joint Managing Conservators
Do all conservators have to consent to the issuance of a child’s passport?
As a requirement of the federal Two-Parent Consent Law, both parents need to give consent to the issuance of U.S. passports for their children if they are under the age of 16. There can be an exception if the applying parent/legal guardian can prove that consent of both parties is not required.
If the Texas courts provide the order that one of the parents/legal guardians possesses the exclusive right to apply for, maintain and renew the passports of their children. This allows parents to exercise legal authority and show that the consent of both parents is not compulsory.
Before the age of 16, a minor needs to obtain a signature from both parents. The real problem arises when one of them is absent. How do you get your child’s passport application signed then? The reason for this absence is because one of the parents is usually refused. Traveling with kids is fun but when the parents are divorced, a lot more legal groundwork is required.
In case one parent is being resistant unreasonably, you can refer to your final decree of divorce or your final order. This is the first solution to the problem. There should be a clause regarding a Suit Affecting the Parent-Child Relationship. This will designate the parent with whom the decision-making authority lies. You will have to file a motion to be able to enforce it. In most cases, an attempt of mediation will be made prior to making the application in front of the court.
However, the second situation can be where no such clause for your suit affecting parent-child relationship Divorce decree exists. It brings us to the next alternative. You may be required to file a petition to modify the current order and add the clause.
Do not let the ex-partner’s uncooperativeness get in the way of your child’s passport application. Get in touch with a Fort Worth Family Attorney to safeguard your rights and your child’s.
For either of the two ways, you will be needing an attorney so contact one immediately. They will be helping you in getting presented in front of the court in order to get your appeal heard. This is your chance to get the court to grant your request.
Hire an Experienced Attorney in Fort Worth, Texas
If you intend to serve your spouse a petition to modify the parent-child relationship or include a clause in the divorce decree, your best step is to call an attorney immediately and retain one.By having an experienced and competent family attorney, you will be in a position to make a well-informed decision and understand all the legal aspects regarding your child’s passport application process. You will also be able to avail professional assistance while completing the documentation and modify the divorce decree.
