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Can a Circuit Court Judge force a parent to sign form DS-11 for non medical reasons?

by Raymond
(Warren, Mi 48092)

Question: My son has joint legal custody and the mother has physical custody of our two-year-old grandson. The mother filed through her attorney to have my son sign DS-3035 under his protest. Is it possible that a Judge Name Withheld in Michigan has the authority to force him to sign away his right to keep his son in the USA?


Answer: It is my understanding that a parent who has shared custody of a minor child may request a court order which obliges the other parent to sign the passport consent form. It is also my understanding that a judge may "require" the parent sign the consent form if s/he believes that the trip is in the best interest of the child and that there is no risk of international child abduction.

This should not be taken as legal advice. You should encourage your son to seek legal counsel if he believes that a passport should not be issued to the child.

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Being forced to sign for a Passport by a judge
by: Anonymous

Question: If my understanding of the law is correct, the Judge can order your son to sign for the passport but I could find nothing that requires him to approve the ex wife to take the child out of the country.

Answer: We recommend that you speak to a lawyer regarding this issue.

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UPDATE: Mailing delays and high demand are impacting passport processing. The Department of State's processing times begin when applications are received at a passport agency or center and not when you mail them or apply at a local acceptance facility. Standard service may take between 8 and 11 weeks. This timeframe does not include delivery time. Mailing times vary across the country.

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Life-or-death emergencies are serious illnesses, injuries, or deaths in your immediate family (parent, legal guardian, child, spouse, sibling, and grandparent) that require you to travel outside the United States within 3 business days.

If you need to travel due to a qualified life-or-death emergency, please call the National Passport Information Center for an appointment:

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If you need to travel urgently for reasons other than a life-or-death emergency, please call the NPIC at 1-877-487-2778 Mondays through Fridays 8 A.M. to 10 P.M. ET.

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