Can I get my child a passport?

Typically, both parents must appear for a child to get a passport (along with the necessary proof of citizenship, photos, application and fee.) If both parents don’t apply together in person, one parent may sign the consent before a notary and provide to the parent who will be applying. Quite simple, unless the parents do not agree on whether the child will receive a passport, who will hold onto the passport and when travel overseas will be permitted.

What if you can’t get the other parent’s consent? There is a form you can use in such exigent circumstances, and be sure to attach any relevant court orders. The order should state the parent can obtain a passport, as opposed to just having sole legal custody. It is also possible to have the passport held in the court’s Registry for good cause. You should also review your custody order or parenting plan to be sure you are in compliance if you are required to provide advance notice or itineraries to the other parent. Questions about traveling with your child overseas and other travel restrictions? Call today, well before your planned and much-needed vacation!

For more information on family law, please contact Heather L. Sunderman at (301) 664-7710 or hlsunderman@mirskylawgroup.com.

 Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.

Freelancers are taking over the workplace!

According to one recent 2016 study, 55 million Americans are working as freelancers (which is 35% of the US Workforce). The use of freelancers by businesses raises all sorts of legal questions, but most significantly is the issue of worker misclassification.  Businesses routinely classify freelancers as independent contractors, not employees.  Is this correct?  It depends on a variety of factors.  In general, if the freelancer is truly independent (meaning that the business does not control how the freelance does his/her work) and the freelancer operates as an independent business, then classifying the freelancer as independent contractor would most likely be correct.  However, the line between who is an employee and who in an independent contractor can sometimes be difficult to determine. Unfortunately, different laws use different tests to determine if the worker is an employee or independent contractor.  Most of the tests focus on (a) whether the business controls how the freelancer performs the work, (b) whether the business controls the “economic realities” of the relationship; and (3) whether the worker has an independent business.  Great care must be taken to ensure workers are properly classified.  A business cannot summarily decide that a particular worker is an independent contractor, rather the relationship and interaction between the business and the freelancer needs to be examined.  The consequences for misclassifying a worker can be significant, as various statues requires violators to pay fines, taxes, unpaid wages, and other damages.

For more information on worker misclassification issues, please contact Scott A. Mirsky at (301) 664-7710 or samirsky@mirskylawgroup.com.

Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.