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

UPDATED: Sep 25, 2012

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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