Passport For Child After Divorce

What do you do when you hear your ex-spouse plans to take your children on a vacation out of the country? What do you do? Knowing your legal rights will help put you at east and protect your relationship with your children. To take your children out of the country, the parent needs to get a passport. To get a passport for a minor child, the following is required: Completed Application For A U.S. Passport, Form DS-11 Submit child's evidence of U.S. Citizenship Submit evidence of relationship between the child and parent/guardian Submit Identification of both parents Provide Parental Consent (granted within 3 months) Payment of application fee Passport photo of child The requirement for parents with shared custody is providing parental consent. Both parents must give consent to obtain a passport for a minor child under the age of sixteen (16). There are three (3) ways that consent can be granted for a parent to obtain a passport for their minor child: Both parents appear in person with the minor child and sign Form DS-11 in front of an Acceptance Agent One parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit the second parent's notarized Statement of Consent (Form DS-3053) If one parent has sole legal custody, that parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit primary evidence of sole authority to apply for the minor child, using one of the following: Minor's certified Birth Certificate that lists only the applying parent Consular Report of Birth Abroad or Certification of Birth Abroad listing only the applying parent. Court Order granting sole custody to the applying parent (unless the child's travel is restricted by that order). Adoption Decree (if the applying parent is the sole adopting parent). Court Order specifically permitting the applying parent's travel with the child. Judicial declaration of incompetence of the non-applying parent. Death Certificate of the non-applying parent. Either you or your ex-spouse can obtain a passport for your minor child either with the others consent or by court order. You can find the forms and additional information about international travel with minor on the U.S. Department of State website.

When can a Child Decide Where They Want to Live in a Divorce?

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In Washington, a child cannot decide where they will live in a divorce process. This is the decision of the parents, and if the parents cannot decide, then the courts will decide.

Depending upon the age and maturity of the child, the court may take the child's wishes into consideration, but generally the courts do not want the child involved in this decision. The court may appoint a Guardian Ad Litem to represent the best interests (not stated desires) of the child in the process, or appoint a parenting evaluator (M.S.W. or Psychiatrist or Psychologist) to make a recommendation to the court as to the child's best interests. Again, depending upon the age of the child, these experts may ask the child questions like how they get along with each parent or what they like to do with each parent, but will usually not ask the child who they want to live with, as that is an inappropriate question.

There are many reasons a child should not be asked this question. Generally, children want to live with both parents in a happy family, which is no longer an option. Younger children will tell both parents in private that they want to live with them, because that is true, and they don't want to hurt their feelings. It is not appropriate to force a child essentially reject one parent in this legal process they had nothing to do with. Older teens can pit one parent against the other, saying if you give me ____ (bicycle, car, etc.), then I will say I want to live with you. We cannot give children that kind of authority, or the parents will lose all authority.

This is the decision of the parents, not the child. If the parents cannot agree, then the courts are there to decide.

Criteria for Shared Joint Custody in Washington

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When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. Frequently the the issue of shared or joint custody/residential time (joint custody) comes up. Historically that concept has been disfavored by the legislature and the courts. The old statute prohibited the court from doing this unless the parties agreed to this arrangement. The Washington legislature amended the statute in 2007, eliminating the requirement for the parties to agree to this. Currently, the statute, RCW 26.09.187(3)(b) sets out the criteria for establishing a shared residential schedule in a Permanent Parenting Plan as follows:

"(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions."

In reality, the courts are still reluctant to award this type of arrangement, but the door has been opened, and with time the courts will be more receptive.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Procedures for more information.

Criteria for a Permenant Parenting Plan Residential Schedule

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When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. The Washington statute, RCW 26.09.187 sets out the criteria for establishing the residential schedule for a Permanent Parenting Plan as follows:

(3) RESIDENTIAL PROVISIONS.

(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The child's residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:

(i) The relative strength, nature, and stability of the child's relationship with each parent;

(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;

(iii) Each parent's past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;

(iv) The emotional needs and developmental level of the child;

(v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;

(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and

(vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules.

Factor (i) shall be given the greatest weight.

(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.

(c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur.

At trial, the Court will examine each of these factors to determine what is the best interest of the child(ren), and establish the Permanent Parenting Plan.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

Alcoholism and Child Custody in Washington Divorce

Alcoholism is a larger problem in society than most would guess. While some people consider themselves merely "social drinkers," they might in fact be alcoholics that rely on alcohol to have a good time. Alcoholism is a disease, like any addiction. While it is not nearly as serious an allegation in a child custody battle as drug abuse is, it is still serious.

When a parent is said to be an alcoholic and the other spouse has evidence to back it up, that becomes an issue for the court in setting up the Parenting Plan (custody). There is statutory basis for the court limiting a parents involvement in parenting when alcoholism is an issue.

The issue is not just that the parent consumes alcohol, but that their alcohol use affects their ability to parent. The biggest problem with alcoholism is that while a parent is drunk or out drinking, that parent is not paying attention to the children and seeing to their needs. In addition, alcohol compromises a person's judgment and may lead that parent to do some pretty risky things with the kids in the car.

When the parent's judgment is compromised due to alcohol, the risks for the children go up.
Courts are supposed to award the custody of the children to the parent that will be able to care for them best and keep them safe. Alcoholism impedes the ability of a parent to do this and so the children are at risk.

When alcoholism is an issue, the court will frequently order an alcohol evaluation, and sometimes require the parent to follow the recommendations (treatment). The court can condition visitation on the parent following through on these conditions. Sometimes the court will include a restraining order, that the parent not drink or be under the influence of alcohol during the visits. Sometimes the court will allow a parent to demand a urinalysis test if they suspect the other parent being under the influence during a visit. The court can also require the visit to be supervised if the parent cannot control their drinking.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the custody and parenting plans in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Relocation of Children in Washington

Several years ago, the Washington legislature passed a statue that defines how and when a child may be relocated (moved). Prior case law was conflicted and unacceptable, so the legislature stepped in. Currently, once a Parenting Plan is in effect, a parent may not relocate a child without first giving 60 days advanced written notice, with a proposed new Parenting Plan. The non primary residential parent then has 30 days to object by filing an objection with the court. If they fail to object, the relocation and the proposed new Parenting Plan will be adopted by the court. If they object, the parties will be given a trial date. The court on a temporary motion can determine whether the move will be allowed pending trial. At trial, the court will ultimately decide if the the relocation will be allowed, and if so, what the new Parenting Plan will look like. There is a statutory presumption to allow the relocation, but it is a rebutable presumption that the other party can present evidence on why it should not happen. The statue spell out a list of factors that the court should consider in deciding the relocation.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including relocation. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

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Washington Parenting Plans

Since 1990, Washington no longer has laws regarding custody and visitation. Instead we have Parenting Plans. Parenting Plans define both parents rights and responsibilities regarding minor children. There are 3 major issued addressed in Parenting Plans. First is Decision Making; who makes decisions regarding the children (mother, father or joint), on major decisions such as health, education and religious upbringing. Second is Dispute Resolution: if there is a dispute between the parents in implementing the Parenting Plan, how do you resolve those disputes (counseling, mediation, arbitration or court action). The third issue is the residential schedule: 365 days a year the child will reside with either the mother or father, and the Parenting Plan must specify when the child is with the mother and when the child is with the father. The idea of the Parenting Plan is to address as many issues up front, to avoid conflicts down the road.

The law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

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