If I need to obtain passports for my children and have physical custody, how can I do this?

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If I need to obtain passports for my children and have physical custody, how can I do this?

How can I get sole legal custody?

Asked on September 25, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Passports are generally available through the district clerk's office in your county.  It's just a matter of finding the right office at the courthouse.  Because you are a parent of the child, you can apply and receive the passport as long as you have the proper documentation and pay the fee.  You do not need the other parent's permission to do so.

As far as sole custody goes, you will need to file a divorce or a custody suit to have yourself named the sole managing conservator.  The petition is usually between two and five pages long depending on the complexity of your situation.  Any family law attorney can help you draft and file the form.  Texas favors joint managing conservatorship, but does authorize sole managing conservatorship when it's in the best interest of the child.  You should work with a family law attorney to help develop the factors which would justify you obtaining sole custody, like abuse, neglect, emotional abuse, etc.


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