Legal Question in Family Law in Pennsylvania

My husband has bipolar and doesn't take his medication. I want to tempolary separate by going back to my country for a few months and I want to bring my daughter with me cause my husband is not in the condition where he can take care of anybody. He doesn't agree and won't let me bring my daughter with. What is the less complicated way I can do so I can take my daughter with while we separate.


Asked on 7/15/11, 9:16 pm

1 Answer from Attorneys

You cannot take your minor child out of the country without a passport. In order to apply, your husband must be willing to sign the application or provide a notarized statement.

If he is not willing to do that (and I would not if I were him), there are no cheap and quick solutions. You will have to bring an action for a divorce from bed and board and get awarded sole custody of the child. Then you can apply for the passport provided that the order allows you to travel outside the country with the child. Again, the father may request that this not be allowed. If that happens, then you are stuck. The courts just are not going to let people leave the country with their children.

Here is an website which summarizes the requirements:

http://travel.state.gov/passport/get/minors/minors_834.html

I have assumed that your child is under age 16. The requirements might be slightly different for minors who are 16/17 years of age.

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Answered on 7/16/11, 12:07 pm


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