We had a recent inquiry about Real ID. The issue was the spelling of the client’s name on the birth certificate does not match the spelling that has been used for the client’s life. Client was concerned about how to get Real ID because of the different spellings. Another complicating fact is that the client was born in a different state. We suggested to the client that she officially change her name to the spelling that she has used all of her life. With the court order she can go to DMV and show the progression from the name on her birth certificate to the name she has always used. When obtaining your Real ID you can use a passport instead of a birth certificate.
What to do when the other parent won’t agree to children traveling out of the country or getting a passport
Both parents have to sign the application for passports and have to agree to allow the children to travel outside the country. What happens when one parent wants to get a passport and travel out of the country and the other parent says no? We have had this situation a few times. The parent who wants to get the passport and travel outside the country must file a motion for court authorization to do so. The last time I filed such a motion I took the order authorizing my client to get the passport and travel outside the country to the hearing. At the hearing the other parent said they would sign the documents and I then presented the court with the order. My client was then able to fill out the proper form at the Department of State, get the passports for the children and then travel out of the US.
Some parents base their objection to travel outside the US on the fear that the parent won’t return with the children. If that is a valid fear they can ask the traveling parent to post a bond. Also, many countries where parents want to travel with the children are signatories to the Hague Convention which is a mechanism designed to help return children in parental kidnapping cases.
If you have any questions please do not hesitate to contact us.