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How did my ex-husband get passports for my daughters without having sole custody?

by Sarah
(Davison, MIchigan)

Question: I never signed for my daughters passport but they now have one. How did my ex-husband get a passport for them without having sole custody? I had given my ex-husband custody almost 2 years ago. He does not have sole custody but he has recently gotten passports for our 8 & 9 year old daughters to go to Germany. He is in the Army and his wife's family is from Germany and now wants to take our children with him. I don't want them to go. What do I do?

Answer: It is impossible to answer your question about how your ex-husband obtained passports for your daughters because there is a lot of information that we do not have.

This is a legal matter that deals with custody issues. You can seek a court order that would prevent your ex-husband from taking your children out of the U.S. However, your ex-husband could seek a court order granting him permission to take his daughters to Germany.

You should contact your lawyer concerning this situation and carefully evaluate the options in the options in the best interest of the children.

Here is a website that may offer some more guidance.

Relocation and Child Custody

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Can a parent with sole custody authorize the other parent to apply for child's passport?

Question: Does "both parents" means married parents, or can be divorced?

Does "one parent" means a non custodian parent?

Parents are divorced but non custodian parent sometimes does these transactions.

Can the custodian parent authorize the non custodian parent to do the process?

Answer: Questions will be answered in the order they are listed above.

"Both parents" refers to the mother and father listed on the child's birth certificate, whether married or divorced.

"One parent" refers to the parent with sole legal custody.

The non custodian parent may apply for a passport for the child as a third party. Besides a completed form DS-11 and other required documentation, you must present the following:

1. A notarized statement or affidavit authorizing from the parent with sole legal custody authorizing you to apply for the child's passport.

2. Evidence of sole legal custody of the authorizing parent.

For complete instructions, click the link below.

Apply for Child's Passport

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Can I get a passport for my 15 yr old if I have sole custody?

by kenneth brookins
(lexington,ky 40505)

Question: I was awarded custody of my 15 year old son in June 2009. He has lived with me for seven months , and his mother is on the run from the authorities so i cannot get her signature. I have court papers stating i am the sole parent! Can i get a passport for my son?

Answer: If you have sole legal custody of your 15 yr old, then you can get a passport for him. The steps are as follows.

* Appear in person at a passport application acceptance facility with your son.
* Sign Form DS-11 in front of an Acceptance Agent
* Submit primary evidence of sole authority to apply for the child your son with one of the following:

o Minor's certified U.S. or foreign birth certificate listing only the applying parent
o Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
o Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
o Adoption decree (if applying parents is sole adopting parent)
o Court order specifically permitting applying parent's or guardian's travel with the child
o Judicial declaration of incompetence of non-applying parent
o Death certificate of non-applying parent

NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained.

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Can I apply for a U.S. passport for my children if I have sole custody and the father is "unknown" on their birth certificates?

by Kristin
(Hollywood, FL)

Question: If yes, can my mother (children's maternal grandmother) apply and submit U.S. passport applications with a "statement of consent" affidavit?

My mother is planning a vacation with my children out of the country and they do not have u.s. passports. After being unemployed for several months I started a new job two weeks ago and am unable to take time off of work to submit the application and go through the process of getting the passports personally.

Answer: Since you have sole legal custody of your children, your mother can apply to get their passports. She must appear in person with your children and submit form DS-11 for each and all required documentation including the following.

* Submit a notarized written statement or affidavit from you authorizing her to apply for a passport.

* Present evidence that you have sole custody of the children. A certified birth certificate with only your name as parent is acceptable.

For complete instructions, click the link below.

Apply for Child's Passport

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Can we get passports for grandchildren for whom we have temporary custody?

by James
(Hollister Fl.)

Question: We are the grandparents of 3 grandchildren and have court ordered TEMPORARY CUSTODY that has lasted more than 3 years. The children were abandoned by their parents. Can we get them a passport with temporary custody?

Answer: According to the National Passport Information Center, a court order establishing legal guardianship and authority to apply for passport will need to be submitted.

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Can you apply for a passport for a child for whom you do not have custody?

by Tamara
(South Bound Brook, NJ, USA)

Question: Daughter's biological mother would like to apply for a passport for her but she does not have custody of her and also does not live with her. Can she apply for a passport for her daughter?

Answer: In order to obtain a passport for a minor, the minor must appear at an application acceptance facility with the person who has legal custody of her. If the mother wants to get a passport for her daughter, she must appear with her daughter at the passport office and submit a written, notarized consent form from the person who has legal custody along with the application form and supporting documents. To find the nearest application acceptance facility, click the link below.

New Jersey Passport Offices

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Will a notarized statement from her grandparents passing custody to me and her birth certificate allow me to get her a passport?

Question: Eight months ago through a paternity test, I found out that I have a 14 year old daughter in Washington State. Her mother had passed away several years ago and her grandparents in Seattle, WA were given custody. She is currently living with me and my family in Colorado and we want to take her on a trip to Mexico.

Her grandparents are going to send me a notarized statement stating that I have temporary guardianship. Her birth certificate has her grandparent’s family name on it, versus my name as her father. Will I be able to get a passport book or card, with this documentation?

Answer: According to the Department of State Passport Services, submission of an application for a minor by a third party (because you do not have legal custody) must be accompanied by a notarized written statement or affidavit from both legal guardians authorizing you to apply for a passport.

It is important that your daughter's grandparents not only provide you with temporary legal custody but that they specifically grant you authority to apply for a passport.

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About the Author: For over 20 years, the U.S. Passport Service Guide team has helped hundreds of thousands of travelers with their travel document questions and shared advice about how to make traveling abroad simpler, safer, and more enjoyable.

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