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INTERNATIONAL CUSTODY AND VISITATION ISSUES

1.  Q.  My ex-husband has legal custody of our daughter.  He says he's going to take her overseas with him to his next assignment.  Can he do that?

A.  Yes - Unless a judge orders him not to take her.  A parent with legal custody can take a  child with him wherever he goes to live in the absence of a court order prohibiting this.

2.  Q.  Can he get a passport for her?  She's only 11.

A.  The U.S. Department of State issues almost 1 million passports annually to children under 18.  These passports are valid for 5 years (as compared to an adult passport which is good for 10 years).  He can get a passport for her as well as a military dependent ID card (you have to be 10 years old or above to get one of these).

3.  Q.  How do I get a passport for a child?

A.  Either parent can apply for a passport for a child who is a U.S. citizen.  The parent who applies does not have to be an American citizen.  The application is available at designated Postal Service offices.  The parent must sign the form if the child is under 13 years of age.  Issuance of a passport to one parent doesn't automatically stop the other one from obtaining a second passport for the child.  Once it is issued, the passport's use is not "tracked" or controlled by the State Department.  Either parent can request and obtain information as to the issuance of a passport for a child.

4.  Q.  I am afraid my wife will kidnap our son.  Isn't there any way I can find out if she's gotten a passport for him?

A.  Every year the U.S. Department of State receives nearly 3,000 reports of actual or expected abductions.  About 1,000 of these involve children of dual nationality.  The State Department has set up a "Namecheck Clearance System" as a lookout system for the denial of U.S. passports.  While it's not a passport use tracking system, it does provide information to a parent or court about when a passport application is submitted on behalf of a child.

5.  Q.  How does the Namecheck Clearance System work?

A.  It works in two ways.  If the State Department has on file a court order that prohibits travel outside the U.S., grants custody to the parent who isn't applying for a passport, or grants joint custody to both parents, then the passport will be denied.  If the State Department has on file a written request for information for a parent, guardian or court, then the Department will notify that parent, guardian or court if a passport application has been submitted for a child.  The Namecheck Clearance System remains effective until the child turns 18 or a written request is made to end it.  Changes in address, phone number or name should be made in writing.