Legal Question in Immigration Law in California

My daughter has lived abroad with my separated (not legally) husband's mother for the past two or three years. She was born in the U.S. I came to his country with the intent of returning home with my daughter at the end of my stay, but my estranged husband and his family refuse to give me her passport. Do I have grounds for requesting one from the US embassy without her father's permission?


Asked on 5/03/15, 8:02 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

This is a terrible situation, since it involves a Family Law matter & jurisdiction probably lies with the country in which your daughter is physically present. Furthermore, in order to obtain a U.S. passport for a minor, the child must be physically present with both parents, or a Dept of State form needs to be filed in the absence of one of the parents. I foresee a custody issue first, before you can deal with the U.S. passport. I recommend consulting with an attorney in the country that your daughter is now living in, as well as a Family Law attorney here in California. Good luck.

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Answered on 5/03/15, 4:45 pm


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