Passport


#1

Jurisdiction of the children is in the state where they have lived for six months, it does not depend on the residence of the parents. If you and the children have lived in TN since 2004, then you can have jurisdiction transferred there.

He should not be able to get a passport for the children without your signature or a court order.

In accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Secretary of State is required to refuse to issue, revoke, restrict or limit passports to noncustodial parents (NCPs) who are certified by the Secretary of Health and Human Services as owing a child support arrearage amount greater than $2500.00

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

How do you get the jursdication transferred to another state?

brayburn


#3

If you and your children have lived in another state for six months you can transfer jurisdiction to that state. Generally, you will need to register your order in your new state and then file a motion to change jurisdiction in your old state. The judges in both states will confer via telephone and decide which state has jurisdiction.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My ex just got a job on Carnival Cruise Lines and has to obtain a passport however, his arrerage in child support exceeds the limit to be able to obtain a passport. Arrerage has to be below $2500.00. He did send a check to the enforcement office to bring his arrerage below the $2500.00. Does he have to keep this amount below the required arrerage amount to keep his passport valid or just have it below the required amount to get one? Also, I have primary custody of our two boys and he asked me if it would be okay for them to get passports to be able to go on the ship with him and I told him no,that I did not feel comfortable with them on the ship. Can he obtain passports for them without my signature or authorization?

We have also been in a jursdication battle per say over the boys. I have moved to TN since 2004, he still remains in NC however, the job he has taken is in FL. He told me that he was going to keep his primary place of residence in NC so that I could not have the jursdication moved to TN. Can he legally do this?

brayburn