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Can one parent apply for a child's passport without the consent of the other parent?

by Anita
(IL)

Question: I do not have a court order of full custody of our son but my son is 8 years old and has lived in Illinois with me solely for the past 7.5 years. His father lives in California but travels to the Philippines frequently for long periods of time. We have not seen his father for 5 years and last contact was a phone call in February last year.


My son's passport expires next year and we are planning a cruise to the Bahamas for spring. I have mailed the statement of consent form to his father twice in past 6 months. I have attempted to contact him by phone twice as well and sent emails to an address I had on file for him also and no responses or replies.

I plan to go to the post office to see if I can get the passport renewed without his signature on the form but I want to know if the circumstances I list above will be acceptable to do so.

Answer: If the father's name is on the birth certificate and you do not have sole legal custody of your son, then you cannot apply for a passport for him without the notarized consent of the father.

If the father cannot be located, you can submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the father's unavailability and recent efforts made to contact him. Exigent/Special Family Circumstances are evaluated on a case-by-case basis and there is no guarantee that it will be approved.

Alternatively, you can request a court order from a judge that would give you permission to obtain a passport for your son and travel with him on the cruise. Please consult your lawyer concerning how to obtain such a court order.

Note, passports are NOT required to travel on a closed-loop cruise. A closed-loop cruise is one that begins and ends in the same U.S. city. For more information, click the link below.

Passports for Closed Loop Cruise

Comments for Can one parent apply for a child's passport without the consent of the other parent?

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passport for a minor
by: Anonymous

Question: Hi I'm wondering how do I get a passport done when my son's father and I have joint custody. I'm having hard times with this because he won't sign the papers. Also, he's in jail for life. I really want to know how can I get this done.

Answer: There may be notary services available to your son's father where he is encarcerated. If so, he can complete the consent form, have it notarized and mail it to you.

Another option is to submit Form DS-5525: Statement of Exigent/Special Family Circumstances along with the passport application and supporting documents. The statement must explain in detail the father's unavailability and recent efforts made to contact him. You may be required to provide evidence (e.g., incarceration order) to document your claim of exigent or special circumstances. Note, statements are reviewed on a case-by-case basis and no guarantee is provided as to your statement's acceptance.

Finally, you might consider seeking sole legal custody of your son. With sole legal custody, the father's consent would not be necessary. Please consult an attorney about this option. You might find Child Custody Strategies for Women to be a helpful resource.

Passports for my kids
by: Dwayne

Question: I've had temporary custody of my 3 kids for about 3 yrs. now and have been trying to get consent from they're mom who lives in another state to get they're passport. We haven't heard anything from her in the past 8 months. Out of 3 kids my name is only on 1 of their birth certificates but I have dna proof that I am their dad. I'm planning on going to Barbados to visit family within the next few weeks. Is there anything I can do to get their passports?

Answer: We recommend you visit the nearest family court or consult an attorney.

Do I need my kid's father permission to apply for a passport fort them?
by: Anonymous

Question: My kid's father and I recently divorced. I was awarded primary custody of the kid's and he only gets visitation. Would I be able to apply for their passports on my own or do I require his consent?

Answer: Unless you can submit evidence of sole legal custody, you must submit notarized consent from the father to apply for their passports.

Passport for my daughter
by: Anonymous

Question: My daughter is 2 yrs old and her dad is not present in her life at this moment. I honestly don't even know where he is or how to find him. I would love to get her a passport so we could visit my family in Jamaica. How do I do that?

Answer: If the father cannot be located, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances along with form DS-11 and supporting documents. The statement must explain in detail the non-applying parent's unavailability and recent efforts made to contact the non-applying parent. Forms DS-5525 are evaluated on a case-by-case basis and no guarantee is made to your statement's acceptability. For a complete list of requirements, go here.

The father's consent is not required if you have sole legal custody. Please consult an attorney and/or contact the nearest family court if you wnat to pursue this option. You might also find Child Custody Strategies for Women useful.

Passport for a minor
by: Anonymous

Question: I have a newborn. My husband lives in the Dominican Republic. I did put him on the birth certificate. Does he need to still fill out the form or I can go myself and request for a passport?

Answer: You must submit notarized consent from the father. He can get this at the U.S. Embassy in Santo Domingo.

Letter of consent
by: Raquel

Question: My children's father lives in Saipan and I had asked him for the letter of consent. Being that I need it ASAP does it have to be the original letter or can it be A scanned copy, email etc?

Answer: You must submit the original, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

Passport
by: Anonymous

Question: How do you establish child and father on passport requirements?

Answer: The most common document submitted to establish the child/father relationship is an original or certified copy of the child's birth certificate.

Applying passports for my kids
by: Anonymous

Question: I'm applying for a passport for my kids. Their dad is in Mexico and we are in the United States. I emailed him the consent forms. Does he need to mail those papers back to me? Or does the US embassy send them?

Answer: You must submit the original, notarized consent forms. Therefore, he must mail them to you.

The father can get the forms at the US embassy. If they have not arrived, he does not need to wait.

Passport for newborn
by: Anonymous

Question: My husband who I put on my sons birth certificate is in Mexico and I want him to send me a notarized copy of the paper which would give consent for me to obtain a passport for my son. I would like to know if my husband can have this paper notarized by any licensed notary service in Mexico or if it has to be done in a US consulate. also, can my husband fax the document to me?

Answer: Your husband can have the consent form notarized by a local notary although we recommend he have this done at a U.S. embassy or consulate for guartanteed acceptance. You must submit the original with the minor's passport application.

Passports for my girls
by: Anonymous

Question: My kids' father's name is on their birth certificates. He has not been in their lives since they were 2 and 4 years old. I have not spoken to him and he doesn't even show up on court dates. How do I obtain a passport for them without his consent? They have always lived with me.

Answer: If you know where he is and he can be contacted, you must provide his notarized consent. If he refuses, you can contact the nearest family court for information about possibly getting a judge to make him sign the consent or bypass it.

If the father cannot be located, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances along with form DS-11 and supporting documents. The statement must explain in detail the non-applying parent's unavailability and recent efforts made to contact the non-applying parent. Forms DS-5525 are evaluated on a case-by-case basis and no guarantee is made to your statement's acceptability. For a complete list of requirements, go here.

Child support
by: Anonymous

Question: I would like to get a passport card for my daughter but her father refuses to sign the paper, because he states there is too much crime in Mexico. Is there anything I can do to get a passport card for my daughter so we are able to visit family?

Answer: You can contact the nearest family court to see if a judge can make the father sign or, possibly, bypass his signature. You may also want to consult an attorney.

Passport renewal for my children
by: Anonymous

Question: My children live in New Zealand with my parents. They plan to come for Christmas but their passports are expired. I contacted their father since we were seperated but he refused to provide the consent letter. What am I supposed to do in order to get their passports?

Answer: When a parent who has shared custody will not provide consent, a judge may bypass the parent's signature or order the parent to sign the form. Please contact the nearest family court for more information or consult a lawyer.

Child Passport
by: Anonymous

Question: My children have my maiden name and there is no father listed on their birth certificates. I am married with a different last name. What documentation would I need to get each of them a passport?

Answer: Besides the regular requirements to get passports for minors listed here, you can present your marriage certificate to the Acceptance Agent.

Family trip
by: Anonymous

Question: My wife and I got married last year. She was a single mom. The father of my stepson took off when he was a month old. We now have a baby for whom we got a passport and also got ours. What can we do to get my stepson a passport since my stepson's dad is on the birth record? We have no idea were he's located and the old number my wife has does not work.

Answer: The applying parent can submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's or guardian's unavailability and recent efforts made to contact the non-applying parent. These requests are evaluated on a case-by-case basis. There is no guarantee that it will be approved.

Another option would be for the mother to seek full legal custody so that the father's consent is not required. For more on this option, we recommend you seek the advice of an attorney.

Children in Mexico
by: Anonymous

Question: My fiancé's children live in Mexico with their mother. They are born in the US. Can he get a passport for them to come visit?

Answer: Minor children must apply in person with both parents. If only one parent can appear, that partent must submit notarized consent from the non-applying parent.

Since the children are in Mexico with their mother, she must take them to the nearest U.S. embassy or consulate in order to apply for the passports. The father would need to provide her with a notarized form DS-3053.

If the children are age 16 or older, consent from the father is not required.

passport for my son
by: Anonymous

Question: Can I get a passport for my son if the father is not on the birth certificate but my son has his last name?

Answer: Please call 1-877-487-2778 to speak with a customer service representative.

My son's father refuses to get a passport for our son
by: Anonymous

Question: My sons' father is very afraid of planes. He does not travel if he has to get on a plane. I would like to take my kids ages 12 and 2 years old on a vacation to my country of origin and need passports for them but their father refuses to approve it. Is there anything I can do where I do not need him for it?

Answer: If the father will not provide consent to get the passports, you have a couple of options. One, you can seek sole legal custody. We recommend you consult an attorney about this option. Two, you can request a judge order the father sign the consent form.

need help
by: cinceria maldonado

Question: I have a ten-year-old boy. His dad went to Mexico 8 years ago and we never heared from him again. I would like to go to Mexico but his dad is in Mexio.

Answer: If the father cannot be located, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances along with all the other requirements. The statement must explain in detail the father's unavailability and recent efforts made to contact him.

Passport for son
by: Anonymous

Question: My son's dad has been in prison the past 8 years. What documents do I need to get my son a passport?

Answer: You will find a complete list of requirements here. If you cannot obtain notarized consent from the father, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the father's unavailability and recent efforts made to contact him.

You also may be required to provide evidence (e.g., incarceration order) to document your claim of exigent or special circumstances.

Single mom before but now I'm married need to get passport for my son
by: Anonymous A1

Question: Year 2003 when the father of my eldest son left us but in his birth certificate I put the name of the guy and he sign it. Year 2009 when I'm getting married to other guy until now that we're decided to petition my eldest son in the Philippines. I need to get a passport for him. Is it ok if I don't want to put the name of his father?

Answer: If the father is listed on the birth certificate, you must include his name on the application form. You also need the father's consent to apply for the passport if your son is age 15 or younger. Please contact the U.S. Embassy in the Philippines for more information.

Help
by: Anonymous

Question: My daughter has been with me since birth. Her father left when she as two months old. I just had a family member past so my family and I are rushing to Jamaica to pay are respects and spread the ashes . I told her father but he's refusing to send the paper work for me to take her with me. I really need help.

Answer: If the father's name is on the birth certificate, his consent is required unless you can submit evidence of sole legal custody. The only other alternative is to get a judge to bypass his signature or make him sign. We recommend you consult an attorney.

Passport for my daughter
by: Anonymous

Question: My daughter and I live in California but her father lives in Mexico. We ARE married. I'm a U.S citizen but he is not. I put his name on my daughter's birth certificate but he did not sign it. Do I still need to get the form DS-3053?

Answer: Since the father is included on the birth certificate, you need to submit form DS-3053. The father can complete the form and have it notarized at the U.S. Embassy in Mexico City or one of the many U.S. consulates in Mexico.

obtaining my child passport
by: Anonymous

Question: I have full custody of my daughter and I want to get her passport because we are going to the Philippine this coming May. Is it required for the father of my daughter to sign the form even thought I have full custody of my daughter and he is only allowed to visit? What should I do? Do I have to contact him when we hardly have any communication and he never even comes to visit his daughter?

Answer: In order to get a passport for your daughter without the consent of the father, you must submit evidence of full legal custody. Even if you have full physical custody, this is not sufficient without full legal custody. If you are uncertain, we recommend you consult an attorney.

I need help!
by: Anonymous

Question: My daughter just turned six. Her father vanished and we never heard from him. I did get divorced and have legal custody. I also changed her last name to mine. I sent all the court order copies with the application saying all that and that even a third party could not locate him. I got a letter saying that I needed certified copies of all the copies. Where can I get those or what is that? And that I needed the fathers consent. What should I do? He left when my daughter was 2 weeks old and we never saw him again.

Answer: Certified copies are those issued by the same entity that issued the originals. You can get a certified copy of the court order name change at the County Clerk's office where the petition was made.

A certified copy of a birth certificate can be obtained at the vital records office of the country where your daughter was born.

If the father cannot be located, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the father's unavailability and recent efforts made to contact him.

If you have sole legal custody, the father's consent is not required. The original or certified copy of the court order granting you sole legal custody would be required.


Question.
by: Anonymous

Question: My son's father doesn't want to sign the form for his passport. He does appear in the birth certificate but he hasn't been around at all for the past 10 months. How can I get his passport. He lives in Indiana and me and my son in Chicago.

Answer: You can either file a petition with the court asking a judge to make him sign the consent form or seek to obtain full legal custody. In either case, we recommend you consult an attorney.

SIngle Mother
by: Anonymous

Question: My son's dad is not on his Birth Certificate. Will I be able to get a passport? He has NEVER been involved in his life. Never even met him. I do not know where he is. Also, will I have a hard time re-entering country? We are going to Cancun, MX.

Answer: Your son's birth certificate can be submitted as evidence of sole legal custody. The father's consent is not required to get your son a passport. You should not have a problem re-entering the United States. For a complete list of instructions and to find a place to apply, visit child passport requirements.

Father refuses to sign consent form for application of passport
by: Anonymous

Question: My husband and I are currently separated and are in court for divorce proceedings. One of the issues to be determined is that of custody of our 9 year old US born daughter.I am currently residing in Tanzania, Africa with our daughter. He is also in the country on a tourist visa, he has US Citizenship by Naturalization. My daughter's passport expires in Feb 2016 and I would like to get it renewed at the US Embassy in Tanzania, and my spouse has refused to sign the consent form simply out of spite. How can the Embassy in Tanzania assist me in renewing the passport for my daughter? Would a court order from a Tanzanian court be accepted at the Embassy along with the application?

Answer: Please contact the Embassy of the United States in Dar es Salaam for assistance in obtaining a passport for your daughter.

My son is a US born citizen. My wife took him to Germany, hid his passport and has him registered in German governments as a single parent.
by: Bridge, J

Question: I was in the Army at the time of my sons birth right here in Colorado springs, CO. My son was born on Ft. Carson. At the time of my sons birth my wife had a Greencard, but has since allowed it to expired. My wife left stating that she would return in a few weeks and is not coming back. I need to get a US passport so that I can get my son out of Germany without my wife's permission in order to fight for custody of my son. If I attempt to divorce my wife here in the US before he has feet on ground in the US then she will make sure that he stays there and will contact whoever to make me seem like a threat so that I cannot even come and visit. How do I go about getting a passport for him, by myself, with my governments help?

Answer: For a list of resources and contact information, please visit the international child abduction page.

Parent not around
by: Anonymous

Question: My daughter's first passport was grated when she was a year old and I did it without her father signing for it being the fact that he hasn't been around. Now that her passport is expired and I need to renew it, they are asking for the father's signature. My daughter is 14 years old and we haven't seen him for 7 years. The last time we heard of him he was returning back to the islands. I have been sole custody since she's been born and never had a problem till now. What should I do being the fact that I do not know where the father is.

Answer: Unless you can submit evidence of sole legal custody, the father's consent is required. If the father cannot be located, you must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's or guardian's unavailability and recent efforts made to contact the non-applying parent.

You also may be required to provide evidence to document your claim of exigent or special circumstances.

My husband is being difficult
by: Anonymous

Question: My husband and I have been married for four years now and we have a newborn. We live together, but he refuses to sign the form giving me consent to get our son a passport. I still have elderly family members who live in the Caribbean whom I visit and I would like for them to meet my son. In the likely event of an emergency, I have no one to leave my son with here, nor would I, because he's a baby. How can I get him a passport without him needing to sign the form?

Answer: To get a passport for your son, either the father must appear with you and your son at the application acceptance facility or you must submit notarized consent from the father.

In some cases, it is possible to obtain a court order that obligates the father to provide written consent to apply for a passport. Consult your attorney if you want to pursue this option.

Since you did not state the country in the Caribbean you want to visit, we will mention that a passport is not required to travel to Puerto Rico or the U.S. Virgin Islands.

17 and going to India
by: Anonymous

Question: My son is 17. He and his mother live in Chicago. We are both on the birth certificate and they are trying to apply for a visa. Do I need to give consent or sign anything or can she sign alone?

Answer: There are 4 forms required by the Indian government for a minor to get a visa. All forms must be signed by both parents and then notarized. For more information, contact the Embassy of India.

passport
by: Anonymous

Question: Can my baby get a passport without the father's consent? The father's name is not on the birth certificate also.

Answer: Yes, you can apply for a passport without the father's consent. Submit the birth certificate without the father's name on it as evidence of sole legal custody.

How to Apply for a Minor's Passport

I have sole parental responsibility
by: Anonaymous

Question: I have been divorced from my ex for 7 years. The judge gave me a court order granting me sole parental responsibility and no contact for the father. Can I just bring these documents with me when applying for a passport for my three children?

Answer: It is quite likely that the documents would be acceptable but there is no guarantee. The only recommendation we can give is that you submit them with the application forms. If they are not accepted, you will receive a letter requesting the submission of more documents.

passport info for my newborn
by: Anonymous

Question: My husband and I have been together for 6 yrs and married for 3. I am currently pregnant. Ee recently moved to Mexico. He is a Mexican citizen and does not have any permits or papers so he cannot return to the U.S. I came to the U.S. to have my baby and get vital care for it. After having the baby I will them return to Mexico to live and be with him, eventually getting my work visa. What I am wondering is what I need to do to get a passport for the baby as soon as the baby is born so I can return to Mexico as soon as possible to be with my husband. Also, should his name be on the birth certificate?

Answer: If the father's name is given on the birth certificate, then his consent is required in order to obtain a passport. He can visit the nearest U.S. embassy or consulate general in Mexico in order to complete a consent form and have it notarized. Then, he can mail it to you. Click here for a list of requirements to get a child's passport.

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