For divorcing spouses with children, the issue of custody is perhaps the most important and stressful issue with which to deal. Custody issues are generally divided into two concepts: Legal Custody and Physical Custody.
A few reputable blogs (here and here) have recently posted on the State Department’s Passport Denial Program.
In short, the State Department denies passports to non-custodial parents who owe more than $2,500 in back child support. Once the non-custodial parent is no longer in arrears, he or she may reapply for a passport.
With the new western hemisphere initiative, requiring a passport for travel to Canada, Mexico and the Caribbean (not Puerto Rico, though), money obtained through the Passport Denial Program is set to double versus last year.
As it always the case regarding minor children, the courts are concerned with the best interests of the child. The New Jersey statute governing removal of minor children, specifically N.J.S.A. 9:2-2, is there to preserve the rights of the non-custodial parent and his/her child to develop and maintain their familial relationship. Absent a consensual agreement between the parents, the relocating spouse must obtain a court order to permit the move.