Legal Question in Family Law in Maine

Non custodial parent refuses to allow minor children to obtain passport. Is there anything that can be done?


Asked on 5/21/10, 10:51 am

1 Answer from Attorneys

Carolyn Asquith The Law Office of Carolyn Asquith

Yes. You can hire an attorney to simply write a letter to the parent and try to come to a resolution between the two of you. You could look into attending a mediation with the noncustodial parent in an effort to discuss why he or she is resistant to the idea of your children having passports. The last and final option : You can file a Motion to Modify the Parental Rights and Responsibilities Order requesting that you be allocated the right to obtain passports for the minor children. It sounds like right now you both share parental rights and responsibilities. If you do not have a court order, you would still need to file a complaint and ask for that right to be allocated (or given sole authority) to you so that you can then obtain the passports without the noncustodial's permission. Understand that there are filing fees just to file the complaint so you will need to weigh that into your decision as well to see if it is worth the cost to use the court system to obtain them or if there is something else you can do to try to compromise with the noncustodial parent. It is always best to try to seek resolution of a parenting matter without filing a Motion to Modify. Is there another reason why he or she is not allowing them to obtain the passports that you do not know about? Try talking further with the other parent in a setting where another party can objectively look at the situation. Sometimes parents also use a parenting coach to get through issues like the one you are describing. Ask at the children's school if they are aware of any coparent counselors in the area. Good luck.

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Answered on 6/02/10, 1:36 pm


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