Can I get my childs passport taken away so that her mother cannot take her out of the country?

by Jeffery
(Sumter)

Question: I'm an unmarried parent with no court ordered anything. I'm military as well as her mother. Our daughter was born overseas and therefore when we came back, our daughter had to have a passport. Now it has been 4 years and we are no longer together but the passport still exists. She wants to take her out of the country and I say no. I know that you need both parents to get the passport in the first place, but is there a way to make it void now that everything has changed?

Answer: It is very difficult to have a passport revoked.

If you are registered as the father on the child's birth certificate, then you can request a court order that would prohibit the mother from taking your daughter out of the country. Please visit with your lawyer to better evaluate your options.

If you believe that the mother has immediate plans to depart, you can ask your lawyer to request a hearing in order to obtain a temporary court order.

Also, passports issued to minors are only valid for 5 years so, apparently, your daughter's passport is near expiration. However, unless you have shared legal custody, you will not be able to stop the mother from obtaining a new passport.

Again, the best thing to do in this case is to consulate a lawyer.