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My ex husband is not my daughter’s biological father by: Anonymous Question: My ex-husband is not my daughter’s biological father and I have a court order stating it. But the court order doesn’t say he does not have any custody. Can I still apply for a passport without him? Answer: Unless you can present proof of SOLE LEGAL custody, you need your ex's presence or consent to apply for the child's passport. If his name is on the child's birth certificate, his lack of biological relationship to the child will not matter.

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