Custodial Issues – Can my ex-husband take our minor out of the U.S. without my consent?

Question:  My ex-husband took our 16 year old child out of the U.S. without my permission. He said that at 16, it was legal to take our child abroad without my consent because he has sole custody. Is this true? Can my ex-husband take our 16 year old child out of the U.S. without my consent? Do custodial issues affect passport status?

Answer:  At ages 16 or older, the child is still consider to be in the category of a minor. At this age, the child needs to establish parental consent to acquire a passport.  The consent will be submitted by the parent or guardian who has legal custody of the child. The non-custodial parent will have no say in this process. So your ex-husband can obtain a passport for your child as long as he has sole legal custody of the child.