My in laws are planning a trip to the Bahamas next summer, and are taking us all with them. We want to make sure my husband's oldest son gets to come too; however, his son's mother has been very hateful ever since my husband got primary physical custody of their son back in June. We plan on getting passports at the end of this year, and think that she is going to cause problems with getting their son one as well.
We are in VA, what's the process for requesting a passport and requesting permission from the courts to go out of the country on a vacation if the non custodial parent declines the request?

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Originally Posted by brachotelohai

My in laws are planning a trip to the Bahamas next summer, and are taking us all with them. We want to make sure my husband's oldest son gets to come too; however, his son's mother has been very hateful ever since my husband got primary physical custody of their son back in June. We plan on getting passports at the end of this year, and think that she is going to cause problems with getting their son one as well.
We are in VA, what's the process for requesting a passport and requesting permission from the courts to go out of the country on a vacation if the non custodial parent declines the request?

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I wouldn't wait until the end of the year to begin the process. If the mother won't agree you will have to go to Court, explain the situation and ask for a Court Order allowing him to travel with you.

It could take time.

I agree. Apply for his passport now. If you do not have sole legal custody of the child, then you will need to get the mother's permission. If she will not give permission you will need to start court proceedings.

You need to start now, mother needs to sign, or you will have to go to family court to get a order to allow it ( if they will)

Okay, thank you. My husband is on a missions trip until Friday, so he will be asking her to go with him to the PO to get the passport as soon as he's back. We can wait on our own children, but want to make sure she agrees and doesn't back out when it's too late to get it through the courts before the actual trip. I'm hoping she doesn't cause a problem, but she has stated before that she wouldn't punish their son by not allowing him to go to fun things. That, however, was before she lost custody... so we shall see