I have a friend from India whose child was born here in USA. My friend and her husband due to personal problems are living seperately and now my friend has to leave to India with child in another 6 months. The child is one year old and have not applied for the passport yet as the husband refuses to sign the form. My friend does not want to go for divorce but her husband threatens that he would sign the passport application form only when she signs the Divorce paper. She cannot afford fees for the attorney and hence iam posting this for her. Is there any way to get the passport for the child? If she goes legally, will the court order her husband to sign the form? Any legal advise will be very helpful. Thank you!
Yes, a court can order the signature or rule that the second signature is not required. Please also understand that her refusal to go for a divorce can only delay that happening, at best. Her consent to a divorce is not required.
Your friend should file an action for separate support and maintenance and request a temporary hearing. An action for separate support and maintenance is not an action for divorce. However, she can request that the court order your friend's husband to sign the passport as well as any other relief she may be seeking. She could possibly get a temporary hearing in less than 4 weeks from date of filing.
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