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Comments for What if the non-custodial parent will not sign for the child to have a passport?

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Sole Custody & Divorced
by: Anonymous

Question: I was divorced in AZ & our decree says I have sole custody (legal decision making). I need to get a new book/card for our daughter but my exhusband refuses to sign the DS-3053 form. Even if I have sole custody, how can I get a passport for our daughter? I tried applying without the form once & they didnt let me. Is there something else I can submit? I've always traveled & now shes old enough to join me. She’s upset she cant join me & I don’t want to tell her why.

Answer: The father’s refusal to provide the required notarized consent is well within bounds of the law if you still share legal custody. You have two options: use diplomacy to appeal for the father’s consent or petition the courts to award you sole legal custody and totally strip the father off his legal rights over your daughter.

CHILD RESIDENCY
by: Anonymous

Question: Hi. I live in the U.S. I still don’t have a lot of an understanding of immigration and I’ve been hearing my family talk about this. I am a citizen of the U.S. I think. I just know I am legal but soon my father who has rarely been in my life doesn’t want to sign my renewal papers because I am gay and he thinks I’m a disgrace. Will I be deported? Is there anything my family can do to protect me from this? What will happen if he never signs them?

Answer: It is best that you contact the USCIS regarding your immigration/deportation concerns.

Parent refuses to sign but wants to be present at the embassy
by: Anonymous

Question: We live in different countries and are going through a divorce. I have approached him but he refuses to sign the form to allow me to apply for the passport for our son aged 5 unless I allow him to travel to sign the documents at the embassy in the country where I live with our child.

I fear to do so because he is unstable and unpredictable and sometimes has violent outbursts which put me and my son in danger. His relatives have written me cautioning me about such a visit given how unpredictable he is. We are both not American citizens but our son is. The divorce has not been finalized but one of the reasons for the divorce is his mental instability. What should I do?

Answer: Your safety is of utmost priority. However, since your divorce has not been finalized, the custody decision is still in the air. He technically still has rights over the child and, unfortunately, can decline signing for the passport.

What you can do is arrange to meet the father in the U.S. Embassy/consulate. Have someone accompany you to the appointment, preferably someone who can physically protect you and your child. Embassies are generally secure places so it is unlikely that he will do anything unbecoming while there. You can also inform security officials at the embassy about your situation so they can step in should he do something. Pre-arrange for transport from the embassy so you can leave the premises once the appointment is over.

Stay safe and I hope everything works out well.

Parent refuses to sign
by: Anonymous

Question: If I refuse to sign for my daughter to get a passport because she does not want to go out of the country with her dad, can he take me to court and make me sign? Can I take her to court with me and make her tell the judge why she does not want to go? She is 10 years old, we are divorced, and share legal and physical custody. she sees a psychologist for anxiety.

Answer: Yes, the other parent may take you to court. Whether or not you may take your child to the court proceedings will be up to your lawyer.

Passport
by: Anonymous

Question: A Judge granted me sole physical custody with joint legal but gave me tie-breaking authority. We have not seen or heard from him in 9 years. Do I still need the father's consent and signature to apply for passports for my kids who are 11 and 9?

Thank you!

Answer: Yes, the father's consent is still required.

Italian Visa for 16 year, absent father
by: Anonymous

Question: I need a visa for Italy for a 16-year-old but her father is absent. We were never married and there is no written custody agreement. What form would I use to be able to get her visa? I have attempted to make contact with him by Facebook, email, and phone, negative contact.

Answer: Please contact the Embassy of Italy regarding visas issued by their office.

Refusal
by: Anonymous

Question: My son's passport needs to be renewed. He's 12. His father had no issues signing the first time and now he agreed again but forgot to send a copy of his license. He refused to send it and now the notarized form is voided because it's been 90 days. He is refusing and we are traveling in a few months. What can I do?

Answer: The father's refusal is within bounds if you still share legal custody. Aside from talking to him, your best remedy is to take him to court and file for sole legal custody.

Absent father
by: Anonymous

Question: My kids are 10 and 12 and I want to get them their passports so that my husband and I can travel with our kiddos. My children have not seen or heard from their biological father in almost 2 years. I have tried repeatedly to contact him to no avail. He is also 3 months late on child support. How can I get their passport without his signature even though we have sole custody but he doesn't even see or talk to them?

Answer: If you have sole legal custody and have documentary evidence of such, you do not need the biological father's consent. If you still share legal custody, his consent is required.

In place of the consent, you may submit Form DS-5525 with proof of your failed attempts to contact the father. These need to be submitted with the rest of the requirements for your children's passports. Applications like this may or may not be approved and the fees are non-refundable.

Joint custody
by: Anonymous

Myself, my husband and my son have joint custody of my grandson. His mom has no custody at all. My husband and I also have full physical custody of my grandson and have had him his whole life. He is now 11.

We applied for his passport with his father and the paperwork was sent back saying we need his mother's signature and a copy of her ID. She has no rights at all. What do I do to get his passport? We want to take him to visit family in Italy.

Answer: The documents you sent may have been insufficient to prove that the mother does not have legal custody of the child. Even if you have physical custody, if the paperwork does not clearly state that the mother is excluded from the legal custody of the child, her consent is still required for the application.

You can either seek the mother's consent per DOS instruction or you can ask your lawyer to review the custody orders and possibly petition the court for sole legal custody.

Father's name on passport
by: Anonymous

Question: My son's (age 7) biological father lives in another state; he's on the birth certificate, which he signed voluntarily. We were never married, and he has zero involvement. He initially agreed to sign the DS-3053 when I mailed it to him 3 wks ago, but at the 11th hour, before my passport appointment, he told me it wasn't on its way. He asked why I needed his consent if I have sole parental responsibility. I explained that this is a federal requirement, not an FL or paternity issue.

He won't sign as he thinks it will obligate him down the road. I never pursued getting the sole parental responsibility and I've never needed to ask his permission for anything besides the passport.

I will consult my lawyer but as it relates to the passport - it seems my only option is to now to go to court to file for this legal status. Is this a difficult or lengthy process or fairly straightforward? OR is there another option? We were planning to travel in the Fall and I need a passport. Much appreciated.

Answer: There are a lot of factors that can affect the time it will take for custody orders to be issued. It could take months. Your lawyer should be able to answer all your questions regarding the proceedings.

Dual citizenship
by: Anonymous

Question: My child has dual citizenship. I currently have temporary sole custody in Mexico since the trial is taking place here.

Her dad is refusing to sign the application. If a judge in Mexico grants me sole custody, can I translate and certify it and use that paperwork to get the passport without him being involved?

Answer: The court order should be honored. We recommend that you contact the NPIC at 1-877-487-2778 for confirmation/clarification.

Never married
by: Anonymous

Question: My son's father is refusing to sign the documents for our son’s passport because he says he does not see how it benefits him, referring to himself.

We were NEVER married, his name is on the birth certificate, and we live in two different states. Can I submit form DS-5525? If not what would I need to do in order to get my son his passport?

Thank you,

Janae Bowman

Answer: Hi, Janae. The father's refusal to provide consent for the child's passport application is not grounds for using Form DS-5525. You can only use the form if the father's whereabouts are unknown and under other special circumstances.

Since his name is on the birth certificate, he is well within his rights to refuse consent to the application. He may even enroll the child under the Children's Passport Issuance Alert Program so he will be notified in case an application is submitted in the child's name without his consent.

The best way to handle this issue is to petition the courts for SOLE LEGAL custody of the child. Only then will you be able to apply for the child's passport without the father's involvement.

Diplomat passports for stepchildren
by: Anonymous

Question: I will soon be on government orders that will require me and my family to get diplomatic passports. Can my stepchildren, that are in my orders, get dip passports even though the birth father refuses to allow them a tourist passport?

Answer: Please contact the NPIC at 1-877-487-2778 regarding your concern.

Sole custodian
by: Anonymous

Question: Me and my ex were never married but we have two kids together ages 9 and 12. I'd like to take the kids to Europe this summer and I don't know if his signature is needed.

I have always been the sole custodian of them. He does pay child support (when he feels like it).
I asked him if he'd go with me to get their passports done and he said no. I don't know why he refused because he never cared what we do or where we go. He never sees them or visits them nor does he ever call them. What should I do?

Answer: If the father's name is listed in the children's birth certificates, you share legal custody. It does not matter to passport services if he sees them or not. Unless you can present proof of sole legal custody, his presence or consent is required for the children's passport applications.

If he does not want to be present when the applications are submitted, he can just provide you with a notarized consent form (Form DS-3053) for each child plus photocopies of the ID he presents to the notary public. You can then submit these with the rest of the application requirements.

Son's bio dad is mentally incompetent
by: Anon

Question: My son's bio dad is in a mental institution due to mental incompetency and could not stand trial declared by the state of Wis. He has been in there a couple of years.

We haven't heard from him and he stopped writing our son letters. Unsure if he's still at the same institution or if the state moved him to another. I don't know if I can even send him legal papers as he's not mentally stable. I've had sole legal custody since he was born.

Answer: If you have sole legal custody and have proof of such, there is no need to involve the father in applying for your child's passport. You may simply submit your proof of sole legal custody with the rest of the requirements.

Legal custody
by: Anonymous

Question: What documentation do I need to show that I have legal custody? Under Florida statute, I automatically have physical and legal custody since we’re unmarried and live in different states. Paternity was never established although he is on the birth certificate.

Answer: You need to have a court-issued document stating that you have sole legal custody of the child.

Illinois
by: Anonymous

Question: I have "sole decision making" in all categories, in the State of Illinois. The judge in Illinois stated they abolished the legal term "sole legal custody" in 2016. Would I submit the Parenting plan showing I have all responsibilities and then also the final notice stating I have "sole decision making"? Or will I need more from the Courts?

Answer: Please contact the NPIC at 1-877-487-2778 to clarify whether or not they will accept your paperwork for your child's passport application.

Do I need the father's signature for minors if I have tie breaking authority?
by: Anonymous

Question: A Judge granted me sole physical custody with joint legal, but gave me tie-breaking authority. Do I still need the father's consent and signature to apply for passports for my kids who are 15 and 12?

Thank you!

Answer: Yes, you need the father's consent since you share legal custody.

Absent Parent
by: Christina

Question: I need to get passports for my 2 sons (10 & 11 yrs old) for a family trip we have booked. I reached out via email to my ex-husband for him to sign for me to get my sons their Passports (we have joint custody) but he hasn't responded.

He stopped seeing my sons years ago and our divorce was granted due to DV. My Protective Order expired 3 yrs ago. How many attempts do I have to make to reach out to him before trying to apply for their Passports on my own and would their applications be approved?

Answer: Hi, Christina. There is no set number of attempts but you have to prove that you have made all efforts to reach out to the father for consent.

Whether or not the application will be approved depends on how well you explain the situation and the documents you provide to support your case. Complete Form DS-5525 and submit all documents with the rest of the requirements for the children's passports.

Best of luck on your applications.

My son
by: Anonymousm

Question: I want to know if my ex-husband renewed my 16-year-old child's passport without my consent. He wants to take him overseas. What should I do if that happened?

Answer: At 16, your child no longer needs both parents' consent to apply for a passport. If the other parent provided consent for the application, he was well within his legal rights.

My ex wife has passport and won’t let me borrow
by: Anonymous

Question: We have 50/50 custody of our daughter. The court ordered that if either one wants to travel anywhere, we just need to inform each other 30 days before. So I informed her 4 months before that we are going to Cancun, Mexico for my brother's wedding. She does not want to give me the child's passport to travel. Can I get a copy of the passport as well?

Answer: Only one passport is issued per citizen. You need to find other diplomatic means to get the child's passport from the other parent so you can travel.

Dad is absent but still pays child support?
by: Anonymous

Question: How to get a passport for my kid if the dad is absent but still pays child support? I had my son and raised him by myself and my county which was helping me with healthcare insurance tracked him down and issued me child support money, but we still have no contact. I have recently decided to apply for a passport for my son, do I still need approval from him to get the passport?

Answer: If the father's name is on the birth certificate and there is no court order awarding you sole legal custody of the child, you need the father's consent for the passport application. You should be able to contact him through the child support agency.

Passport Issuance
by: Tim

Question: Joint Legal custody of our daughter. Ex-Wife wants me to apply for a passport for our 6-year-old daughter. Mom is Russian with an Estonian Passport. I am afraid that she will take our daughter to Estonia where war is going on in Ukraine and Russia. Can an arbitrator force me to sign a federal document?

Answer: Yes, she can petition the courts to compel you to sign the consent form. But you can always contest it seeing that it's for the child's well-being that she not be allowed to travel. Please consult your lawyer about any legal action you need to undertake.

Parent signature
by: Anonymous

Question: I have joint custody, but I have the EXCLUSIVE right to determine the primary residence of the children. I have a job in South Korea with the Dept of the Navy. Ex is refusing to sign passport, can I file a DS5525? I know I can petition the court but it is taking MONTHS and I don't have months.

Answer: You may file DS-5525 but there is no guarantee that the application will be approved. Sent as many supporting documents as you can to support your case and increase your chances of approval.

Hire a Private Investigator
by: Anonymous

My child’s father would not sign for a passport. We broke up over 10 years ago and I only had a telephone number for contact. I hired a PI and gave him all the information I had on my ex including ss#. He searched and when he could not locate any information, he gave me a report. I added his report to my son’s application and his passport was approved.

Unmarried Ohio laws
by: Anonymous

Question: I live in Ohio. Per law unmarried mother has sole custody of children. Without our court documents. Father has never been granted shared custody or visitation. Also, I have a no-contact order/protect order in place for the child and mother. How would I obtain my child’s passport?

Answer: You may submit the following in person with the child present:

1. Form DS-11
2. Child's U.S. birth/citizenship/naturalization certificate (original or certified copy)
3. Form DS-5525
4. Copy of your the no-contact/protection order
5. Photocopy of parent's ID
6. One passport photo of the child
7. Payment for fees

Please note that applications of this nature are processed on a case-by-case basis. The Department of State may require more documents or deny the application altogether. Also, federal regulations govern passport applications, local state laws may not be considered.

No contact order
by: Anonymous

Question: My ex and I have joint custody, I’m the custodial parent. I want to get a passport for our kids but I have a no-contact order, what do I do?

Answer: Does the no-contact order include messages over the Internet/SMS and mail? If not, you may contact the father and ask for notarized consent (Form DS-3053) plus a photocopy of his ID. He may then mail those to you so you can submit them with the passport application.

My ex doesn’t want to sign the passport form
by: Jovita

Question: My ex and I are separated; we never got married. He is giving child support and is seeing his daughter. I ask him for help to apply for our child's passport and he refused to do it for no reason. He is a non-custodial parent. Can I still do the application by myself?

Answer: If the father's name is on the birth certificate and you do not have any documentation that you have SOLE legal custody, you cannot apply for the child's passport without his consent. Being the (physical) custodial parent is not sufficient; you also have to be awarded sole legal custody in order to apply for the child's passport without the other parent.

Signed consent form without ID
by: Anonymous

Question: My ex-spouse signed the consent form but is refusing to provide a copy of the ID that was presented to the notary. May I still apply without his ID?

Answer: A photocopy of the other parent's ID presented to the notary is required. If you submit without it, the application will be pending until you can secure the requirement.

Father is a fugitive from law
by: Anonymous

Question: I have a 12-year-old daughter that I share 50/50 custody of with her father. The courts temporarily suspended his visitation 2 years ago. Since then, he was put on felony probation and has violated his probation by leaving the state 3 months ago.

He is considered a fugitive and will be arrested on an outstanding warrant if he returns. I need to get my daughter a passport so we can travel for vacation. How do I do this in our situation?

Answer: You may ask the father to complete Form DS-3053, have it notarized and mail it to you with a photocopy of his ID. The father's issue with the law will not affect your child's passport application.

Non custodial parent won’t sign for passports
by: Anonymous

Question: I have 2 children, 10 months and 2 yrs old. Father and I have never been married. He will not sign for our Children to get Passports out of spite. He agreed to sign then changed his mind when I made the appointment. He says he doesn’t want them to have one because he doesn’t have one. It’s a control thing with him. He signed for his other 2 children but will not for mine. Am I able to file a court document?

Answer: Please consult a lawyer regarding court petitions and other legal matters.

Refusal to sign consent form for a kid
by: Anonymous

Question: I am a single mom who has lived in the United States for 6 years. I am a citizen and my kid became a citizen automatically through me. She is a minor, 7 years old. I separated from her father 6 years ago, the father lives in Africa and he abandoned this kid, he has never been part of her life or supported her in any way.

I applied for her American passport and they have denied her telling me to submit a consent form since she’s a minor but the father has refused to sign it or take it to his country embassy to notarize it. I am so frustrated. I don’t know what to do or what legal steps to take on him.

Answer: You need to petition the courts for sole legal custody of the child so you will no longer need the father's consent to apply for the child's passport and make any important decisions as long as your child is a minor.

Passports
by: Anonymous

Question: I have divorced two years ago and since then, my ex he did not want to see the kids. We have 50-50 custody but he refuses to sign the passport application. What other legal thing could I do to apply for a passport for my kids without his signature?

Answer: You can petition the courts for sole legal custody of the children so you will no longer need the father's consent for passport applications. At the moment, the father's refusal to sign for the application is not grounds for applying under special circumstances.


Who has the right of child passport if parents are not married.
by: Anonymous

Question: Me and my son's father are not married. He has my child's passport which he refuses to give. Currently, we are in the Philippines but the son's father is in Japan. He is in the military. I am a green card holder, I have talked to his parents to give us the passport so that I can bring my son to the States when I go back. But they just ignored my message. What will I do? No court order, no custody agreement.

Answer: Only the bearer has a right over a passport. Since the bearer is a child, the custodial parent has control over the child's travel. Since there is no custody agreement, both of you have at least legal custody of the child. Please contact the U.S. Embassy in Manila for assistance.

Notarized signature from a foreign notary
by: Anonymous

Question: My ex-husband would have to sign the application for my children’s US passport. He is a German citizen and living in Germany. Would a notarized signature from a German notary be sufficient and accepted?

Answer: A consent notarized by the U.S. Embassy or Consulate is preferable. If that is not possible, a reputable German notary public should suffice. Please make sure the statement is in English. He may also use Form DS-3053.

Living abroad, other parent refuses to renew
by: Anonymous

Question: Hello.

My son and I live in Europe. We are both US citizens. His mother, my ex, refuses to renew his US passport. She is not a US citizen. She also refuses to hand over his (almost expired) US passport to me. Is this illegal, that she won't hand it over? And is there any way for me to renew his passport without her?

Thank you.

Answer: Please contact the closest U.S. Embassy or Consulate regarding your concern.

remarriage
by: Anonymous

Question: I have since re-married. If my husband is now considered the legal guardian over my son, does his biological father have to sign the passport still?

Answer: If you have an official court document stating that your husband has custodial rights and that the father, whose name is listed on the birth certificate, has relinquished all rights to parental decision making, then your husband should be able to apply for the child's passport with you.

Please note that this cannot only be a handshake agreement. If there is no official documentation, we always recommend that you go through your lawyer to secure documentation for this process and many others that will continue to arise through childhood.

What happens if my ex wife lies about special circumstances
by: Anonymous

Question: I’ve denied my ex-wife a passport for my son because she’s reckless and I’m worried for his safety.

What happens if she lies on special circumstance form and says she has never contacted me? She is very vindictive, I’m afraid she’ll find other means if it means lying or forging my name to get what she wants.

Answer: Passport applications submitted under special circumstances are subjected to stringent scrutiny. The applicant must be able to thoroughly explain the situation and provide sufficient proof that the passport issuance is vital for the child's well-being.

While you cannot stop the other parent from doing what she can to obtain the passport, you can enrol your child to the Children's Passport Issuance Alert Program. You will be notified once a passport application under your child's name is submitted.

If I agree…
by: Anonymous

Question: My wife and I are at the beginning stages of divorce. She wants me to sign for our son (3.5 yo) to travel with her to Poland for vacation (they are both Polish citizens with passports). If she were to not bring him back, what recourse do I have? Thank you.

Answer: Please contact a lawyer regarding the matter. You may be able to include your terms/demands regarding your child in your divorce agreement.

My ex will not sign the paperwork
by: Anonymous

Question: I am divorced and want a passport for my son and my ex refuses to sign the paperwork. What do I have to do? Will a court order work?

Answer: You can have a judge order him to provide consent for the passport application, yes. But the best way around this, especially if your son is a long way away from 16, is to file for sole legal custody of the child.

Lost.
by: Anonymous

Question: So I have full sole custody of my son, and the father is denying to sign any documents in order for me to get him a passport. What's my next option? I live in LA county so what court would I have to see a judge?

Answer: Please speak to a lawyer regarding any legal proceedings you may undertake to gain sole legal custody of the child.

Once accomplished, you may apply for your child's passport without the father's consent.

Tie breaking
by: Anonymous

Question: What can I do? I have a 6-year-old daughter and I am the tiebreaker in the custody. The father keeps making excuses to sign the paper for my daughter to travel out of state. What can I do? My lawyer said I just need the court paper order and an acceptance of the father. But I want to be sure.

Answer: You will have to discuss the custody agreement with the father and your lawyers present. This way, the terms will be clear to both parties.

I'm a father that pays child support
by: Lenny

Question: I'm a father that pays child support. I did not sign my daughter's passport papers but her Mother is still trying to get her one without my signature.
Who can I get in contact with to see if a passport was issued in my daughter's name? And if she did forge my signature. And that is also called kidnap.

Answer: You may request for a passport record to find out if a passport has been issued to your child.

Moving forward, you may enroll your child under the Children's Passport Issuance Alert Program so you will be notified if an application in her name is submitted.

Please contact the NPIC at 1-877-487-2778 for more information.

Passport question
by: Joleab

Question: My two children will be getting their passports the 22nd. And I agreed with the dad to stop child support if he would sign for them to move with me to Mexico. If I do apply for the passports, can he change his mind? I plan to get our residency in Mexico.

Answer: It is best that you speak to a lawyer for a definite answer to your question. Once a passport is issued, there are very few reasons it can be revoked but the father may find other ways to stop the children from traveling overseas without his approval.

Non custodial parent refusing to sign
by: Anonymous

Question: Hi. I have full custody. My agreement didn’t clearly write it out (sole custody). Just says "the mother shall have custody of the children". Father has visitations. I applied for 2 kids' passports and right as they reopened they mailed me I need dads signature. Divorce agreement says "need fathers written consent if traveling outside of US". Doesn’t say about need signature for passports.

Now he is refusing to sign unless I mail letter to support enforcement to release his passport (he doesn’t pay child support). What can I do?
I applied without his signature because I have custody. Thanks.

Answer: Full physical custody is different from SOLE LEGAL custody. Since it was not clearly stated that you have full/sole physical AND legal custody, it must be why the application was denied.

The best solution for this is to have a legal document from the courts clearly stating that you have SOLE PHYSICAL AND LEGAL custody of the children.

Stuck abroad
by: Anonymous

Question: My ex husband and I have joint custody over my son. I have physical custody. I moved out of the US due to remarriage when my son was two. His father signed all necessary forms and his passport at the time.

Now its five years later, his passport is expiring and his father is refusing to renew it. We are out of the US, living on a visa, with no other citizenship. I can't renew my son's visa since his passport is expiring soon. We are stuck in a foreign country without any possibility of leaving. Any way I can renew the passport without his father signing?

Answer: You may try applying with Form DS-5525 and submit it with the rest of the requirements. Please contact the U.S. Embassy or Consulate located in the country where you currently reside for more information.

Passport renewal
by: Riya

Question: Hi, my daughter and we moved USA three years ago. I needed to renew her passport to visit Pakistan. My ex never paid child support never showed up in court, even her moved in Malaysia. How can I obtain her passport in this situation when there is no way to contact with him and will not sign documents even if he know. Is there anyway I could get her passport.

Answer: The father's refusal to provide consent for the application is not grounds for applying under special family circumstances. The best recourse is to petition the courts for SOLE LEGAL custody.

Taking Child outside country on Vacation
by: Bill

Question: My daughter and her child, both US citizens, live in Germany w/her husband, who is the child's natural father. Both have shared responsibilities for the welfare of their son. She wants to come to the US for about a month w/her son on vacation, staying with her parents, but the father disagrees for various reasons. Who decides? How decide?

Answer: Both parents decide. They need to come up with a compromise.

Passport and child support
by: Anonymous

Question: My husband owes 60,000 in child support but has a valid passport. Can he travel to Mexico?

Answer: Unless there is a standing order preventing him from leaving the country, he can travel while is passport is valid and meets his destination's validity requirements.

Separated from a US citizen
by: Anonymous

Question: I am separated from a U.S. citizen. He has a Swiss passport and a U.S. passport. We live in Switzerland. I have an Italian passport and the C permission. I was born in Switzerland. Our daughter is 9 years old and she wants a U.S. passport but he wont sign the papers to get her it. We both have custody for now. Our daughter doesn't want to be in contact with her daddy because he abused her. What can i do?

Answer: You need to petition the courts for sole legal custody of your child.

Passport
by: Anonymous

Question: The mother and I share joint legal custody but child lives with me. Court order says I have final decision making authority after discussing matters with mom. I discussed the passport and she refused. Can I use the court order that shows I have final decision making and the conversation printed out that we had where she refused and use that to get the passport?

Answer: Please consult a lawyer regarding your concern.

Obtaining a passport for 2 year old
by: Anonymous

Question: I am trying to obtain a passport for my 2 year old daughter. Her father has not seen her since she was 3 weeks old, I do not have a contact number for him, I do not know where he works or lives. We were never married, but he is on the birth certificate. How do I get a passport for her if I can not find him or reach him?

Answer: You may submit Form DS-5525 along with a detailed explanation of the situation and your efforts to contact the father. This must be submitted with the rest of the requirements for the child's passport.

traveling to Kenya - NO HAGUE
by: Susan

Question: Kenya is not covered by the Hague. Can a judge still force me to sign a passport for my 9 year old? We are divorced and my ex, being from Kenya, says its not an issue. I don't trust him for many reasons.
What are my legal rights when it comes to dealing with a country not recognized by the Hague? Thank you.

Answer: Please speak to a lawyer regarding your case.

Father won’t consent
by: Anonymous

Question: I have physical custody of my son, the father and I were never married but he is on the birth certificate. We do not have any legal documents regarding custody. The father lives in a different state from me and my son, the father is also on probation. I tried to get his consent but he refuses. I am trying to go on a family trip and his refusal is out of spite. Will I be able to file a petition for the court to permit me to apply for a passport without needing the fathers consent?

Answer: You may petition the court to compel the father to provide consent for the child's passport application.

Passport for daughter, father isn’t legal.
by: Anonymous

Question: I’m wanting to take my daughter to Mexico for Christmas this year. The only thing is that I need to apply for her passport but her father isn’t legal in the United States and has no valid ID at the time. What can I do? He did agree on signing the consent form, but then he told me he didn’t have a valid ID which is a requirement. What can be done?

Answer: The father's legal status should not be an issue but his lack of an ID is. Please contact the NPIC at 1-877-487-2778 to find out what your options are.

Child passport
by: Anonymous

Question: My husband is military and we have been given orders to be stationed in Japan. My son is 4 and needs a passport but his father (not my husband ) doesn’t want to sign for him to get one. He is not active, only seen my son twice in a year. Can I go through the courts to make him consent?

Answer: Yes, you can.

Will court order change things?
by: Anonymous

Question: My kids both have passports that I have always gotten for them. In a recent custody case, the court ordered that my ex must provide whatever is necessary for the kids' passports. He is not responding to my various attempt to get him to sign the absent parent affidavit. And he knows we have travel plans in April. I want a new passport for her by the new year.

Answer: The court order compels the father to provide the required documents but it does not compel passport services to issue a passport in case the father does not comply. You may need to contact the father through legal means to get what you need.

Divorced father unknown location
by: Anonymous

Question: I got married when my daughter was a year old or less. This person abandoned us to live with other women. He told me he didn't want it to know anything about us.

Ever since then I don't know where he is; I don't know if he is alive or dead. I know nothing about him. The only thing I know is he is in Mexico. I am here in the U.S. with my daughter. She is 12 now and she has always been in my care but I never got divorced because I thought that he had to be present to get divorced. Now I know from my lawyer in Mexico that I can still get divorced even if I am here and he is wherever he is. I am now in the process of getting divorced. My lawyer says I'll be divorced in 3 months. Can I get my daughter a passport with my divorce papers? I want to travel on vacations with her. Again I am getting divorced but father has no way to be found and I am a U.S. citizen. My daughter is, too.

Answer: If the court grants you sole legal custody of the child after the divorce, you may use the paperwork to apply for your child's passport without the father.

Can my child obtain a passport?
by: Anonymous

Question: My daughter is 13 years old. Her Spanish class is going to Puerto Rico for a trip. But she needs a passport. Her father has not been around in 10 years. Zero contact. When he was around he was extremely abusive and I had him not only arrested but had protection orders put in place. They have since expired and we are living in a different state. Will I still need his signature to get the passport for her? Or our other two children if they ever need one?

Answer: You most likely will since the protection order has already expired. Still, you may attempt to apply for the child's passport with Form DS-5525 where you must explain the situation in as much detail as possible. There is a chance that the application may be denied but your other option is to go to court again and file for sole legal custody of the children.

Also, you may want to verify the need for a passport. According to the CBP, U.S. citizens do not require U.S. passports to travel to and from parts of the United States, including Puerto Rico.

No father on birth certificate but I am married still.
by: Anonymous

Question: I have a 7-year-old but father has never been on the picture; he is not even on the birth certificate. He doesn't live with us but I am legally married still. Can I apply for my son's passport? I am the only one on the birth certificate. Does he still sign as father since I am still married to him? If so what form do I need?

Answer: You may apply without the father. The birth certificate listing you as the only parent is sufficient proof of sole legal custody.

???
by: Anonymous

Question: I have an 8-year-old daughter, her father is on the birth certificate but we have a court order custody agreement of myself having sole legal and physical custody. Would her father still need to complete the passport consent form?

Answer: Since you can present proof of sole legal custody, there is no need for the father to provide consent.

Children's passports
by: Helpless

Question: I have applied for the renewal of my kids passport since May 17. The passport office says 6-8 weeks is the processing time. It has been 12 weeks and I cannot get any answers on the passports. I have been calling since June, twice a week, and was told if there is an issue, then someone will contact me. No one has reached out to me to date.

I have primary custody of my kids. I have submitted the divorce decree along with my approved supplemental petition to relocate yet I have not received any updates on my kids passport.

What do I do, where do I go?

Answer: You may check the status of the applications here: http://uspsg.net/status/. You may also call 1-877-487-2778 and ask to speak to a supervisor for a potentially better answer/resolution.

Passport
by: Anonymous

Question: I have a daughter who is 8 years old and we are trying to renew her passport this year so we can go on vacation. Her father is not in the picture and has it been since she was a week old. There is no court order that says he has custody or anything of her, just a form from Child Support stating that I am the custodian and he is an absent parent. His name is on her birth certificate but again he isn't in her life. Do I still need his consent for her passport?

Answer: Since the father's name is in the birth certificate, you share legal custody of the child. Therefore, his consent is still required to apply for your child's passport.

Children already overseas
by: Anonymous

Question: My ex wife has established residence in Thailand with our children 8 and 6 against my approval. We have gone through a custody trial in Thailand, where it was ruled that we have joint custody, and that I do not need to consent for passport renewal. The ruling stated my ex wife can determine where the children live for two years. Their passports expire in 1.5 years.

If I do not allow their passports to be renewed, will the kids have to return to the US in 1.5 years?

Answer: It is best that you speak to a lawyer to better interpret the provisions of the court order.

DS-3053 Permission
by: Anonymous

Question: My ex-wife (joint custody) has asked me to get a DS-3053 in order to take my daughters to Niagara Falls in a few months. That said, she has remarried to a sailor in the USN who could get orders overseas at any given time. If I complete the required forms for my daughters to get their passports, will my ex have the authority to take them out of the country any time she wishes without my consent?

Answer: It depends on the destination. Some countries require notarized consent from the non-traveling parent while others do not as long as the minor is traveling with a parent. If you want to avoid this, you can always go back to court and get the custody order amended to stipulate that the children must have notarized consent from the non-traveling parent in order to go overseas.

Travel Consent but Father is sick- unreachable
by: Monica

Question: I am planning to take my son to travel with me and I asked his father for a notarized travel consent. He kept delaying and now he is sick and in the hospital and is unable to work on or provide a consent form. Is there another way to get around this? I've already paid for flights and all.

Answer: Please contact the embassy of the country you are planning to visit to find out what you can present in place of a travel consent from the father.

Legal Custody, mother having final say
by: Anonymous

Question: I was not sure where I can add my own question so posting this way. I have primary physical custody and joint legal custody with me having final say. Would I be able to get a passport without my daughter's father's signature?

Answer: Since you have joint legal custody, the father's consent is still required.

Legal Custody but not Sole
by: Anonymous

Question: I have a child support court order that says that I have legal custody of my son and that a court would have to deem me not have legal custody but it does not list the word "sole" will this be enough to get a passport for my child?

Answer: It might be questioned. The court order has to specify that you have sole legal custody and that the other parent does not have any say in legal matters concerning the child.

Married but husband won’t consent
by: KiwiMum

Question: I’m a dual USA/New Zealand citizen, married to an NZ citizen who is the father of my daughter. She has an NZ passport and a CRBA. However, the father won’t consent to a USA passport for political reasons - doesn’t like the gov't. He wasn’t happy about her CRBA but since I didn’t need his consent, I obtained it. What happens if we want to travel to the USA? She has Kiwi passport but I can’t get a USA one.

Answer: Please contact the U.S. Embassy in Wellington or Consulate in Auckland regarding your concern.

Ex won't give permission to get passport
by: Maria

Question: Hello. I’m a single mother for 12 years. My ex and I weren’t married; we both have legal custody of him. I have my brother’s destination wedding in Mexico to go to in 6 months. I’ve asked my ex if he would allow him to go. I have the document he needs to sign for permission to get passport, but he refuses to let my child go. I’ve given him all the information on the wedding details and he just says NO to me. He doesn’t give me a real reason why he doesn’t want him to go he’s just spiteful. What can I do? I want my child to be there and enjoy this experience with the rest of my family.

Answer: The father's refusal to provide consent for the child's passport application is not grounds for using Form DS-5525. Since you share legal custody, the father is well within his rights to refuse. If the matter cannot be settled through diplomacy, I suggest you contact a lawyer about filing for sole legal custody.

My son has a passport card.
by: Anonymous

Question: Hi, my son is 10 years old. I got his father's consent to get his passport card. Now he needs the passport book. My question is if my son already had his father's consent for his passport card in there system, can they use the same one for his passport book? I had a hard time getting it. My son father lives in Mexico. He isn't here for his son at all. He gave me a hard time to do that one.

Answer: A new notarized consent is required.

Traveling to Mexico (single parent, unwed)
by: Anonymous

Question: I will be traveling to Mexico for vacation soon and I want my daughter to go. Her father signed to get her a passport which we already have. His name is on her birth certificate but we were never married. She has lived with me her entire life and he is not too involved. We have never been to court to establish paternity. Would I still need to get the consent letter notarized to go to Mexico? We will be flying Delta.

Answer: Since the father's name is on the birth certificate, you need his notarized consent and a photocopy of his ID for the child's passport application.

Passport
by: Anonymous

Question: My daughter's father is not active in her life. I wanted to bring my daughter on a vacation to Germany so she can experience her nationality. Education trip. I asked her father to sign the paper to get her passport. He refuses because he thinks I’m moving out of the country. We also have never been married and yes his name is listed on the birth certificate. What can I do to get his signature?

Answer: You may petition the court to compel the father to provide the consent.

Signed Consent but won't send ID
by: Anonymous

Question: We are traveling to MX in Aug 2019. Our son's passport is expired. The father didn't sign for the first one because he was in jail. But he is taking us through the ringer with the new one. We have joint custody of 3 kids, he has physical of the girls, I have physical of my son. I signed the consent for my daughter to get a passport to go to the Bahamas, without hesitation. But he is needling me on my son for fun! He signed the DS-3053, had it notarized but didn't send a copy of his ID!! When we asked for it he said HaHa, F__ you! Can we submit the form without his ID and get our son's passport?

Answer: A copy of the father's ID is required. Please call customer service at 1-877-487-2778 to know your options.

Passport for my son
by: Anonymous

Question: My ex husband and I divorced in 2015 in Texas and I was granted sole legal custody of my son. However, he has a relationship with his dad and I am currently engaged to be married. My fiance is from Africa and we are planning a big trip to visit them in December. I told his dad ahead of time that we are arranging this trip. I let him know ahead of time that I will be getting his passport and if he could just sign and get it notarized for me. He agreed. It's now been 7 months and I have a 90 day time limit for the form. I keep asking him about it and he will say he will get it done and it hasn't been done yet. I messaged him yesterday and he didn't reply to me. It's May now and I'm getting frustrated because I feel I have no other option but to cancel our plans to meet my future in-laws. What can I do?

Answer: If you have sole legal custody of the child and have proof to show for it, you do not need the father's notarized consent to apply for the child's passport.

Ex wants passports for the kids
by: Anonymous

Question: My ex wants to take the kids out of country to Mexico (Puert Vallarta) for vacation. I am 100% uncomfortable with signing for a passport as the ex and his partner make extremely poor parenting choices. He lost my daughter 2 years ago at an amusement park, he did not seek medical treatment for injuries in the past. I just don't feel comfortable with him taking my kids out of country plus when you look up where the Mexican state he is taking them to on U.S. travel websites, it literally says if you are a U.S. citizen, they advise rethinking your vacation. Do I have to agree to this?

Answer: If you share legal custody of your children, you are well within your rights to refuse signing the consent for the passports. Additionally, you may enroll the children under the Children's Passport Issuance Alert Program so you will be notified anytime a passport application is submitted in their name.

Restraining order
by: Anonymous

Question: Do I still need consent from the non-custodial parent if there is a restraining order between us?

Answer: You may not have to. In addition to the requirements for a child's passport, you may submit Form DS-5525 plus a copy of the restraining order.

Child born from American Father
by: Anonymous

Question: I was in a relationship with an American while I was vacationing in Germany and residing/working in Spain. I became pregnant with his baby and stayed in Germany with him for my pregnancy. I had problems so I had an emergency c-section in Germany.

He now will not sign papers to say he is the father. We went to German court and the judge made him do a DNA test and it says he is the father. I moved to Spain and have tried to add them to my medical insurance and register them into any public childcare or social services. Because I am not a citizen of Spain, the baby was not born in Spain and the father is American they will not approve it.

I cannot give my citizenship (Colombia) because I have not lived there in over 5 years and I was not a citizen of Spain when the baby was born, I only have permit to work at the time.
I have papers from a German court and DNA proof that he is the father, but he will need to sign the documents necessary for my child to get a passport from any country. I asked him to give up his rights as a father so that I can do it some other way, but he will not. Can you tell me how I can get my child a passport?

Right now I have to pay everything from my pocket. The baby is 'not legal' to live here because he does not have a passport from any country. Is there a place or person I can call for instructions or help? My baby has medical problems and my work does not pay enough for all the needs without insurance. Thank you.

Answer: Being that the father is American, you may be able to seek help from the U.S. Embassy in Madrid or the U.S. Consulate in Barcelona regarding your child's citizenship. Resolution is not guaranteed but it's a good place to start.

Moving with my daughter
by: Anonymous

Question: There is no father on my daughter's birth certificate. There are no court documents or DNA tests, and she has my last name. I have not spoken to her father in some time and he has no desire to be in her life. Will this hinder me from obtaining a passport for her?

Answer: You should not have issues applying for your child's passport. The birth certificate listing you as the sole parent is sufficient proof of sole legal custody.

Stepson passport
by: Anonymous

Question: I have legal and physical custody of my stepson for 3 years, my husband had legal and physical custody of his son since he was 1 year old. Now the child is 9 years old and my husband had to leave for two years to the Marines and he transferred custody to me. We never went back to the court to transfer the custody back to him. Only the name of the biological mother appears on the birth certificate and my stepson doesn’t have my husband's last name. The biological mother does not have any custody of the child. can I apply for my stepson's passport with the court order and with my husband consent?

Answer: Your situation is quite complicated. Please call passport services at 1-877-487-2778 for clarification and to find out what documents you need to submit.

Married in home country
by: Anonymous

Question: I am planning on getting married in my home country and my ex wife is refusing to give consent to allow our children to go with and be at the wedding. Can I request in court that a judge compel her to do so? The country we are getting married in is my home country and would allow for many of my family members to attend and for the children to meet many family members they have never met before. She is only doing this to be spiteful. Is the only way to get a passport for the children with both our signatures or can the court order this to happen?

Answer: You can petition the courts to compel the other parent to provide consent for the passport issuance and subsequent travel overseas. Please consult a lawyer if you wish to go this route.

Getting a passport
by: Anonymous

Question: I have two kids from a previous marriage and I have full legal and physical custody of the kids. Their father is on and off in their life, however he still pays child support through the state. I am now married to a man that is in the military and at any moment we may get stationed overseas. How do I obtain a passports for the kids if they biological father refuse to sign it? Is there a way the court can grant it for military purposes?

Answer: If you have sole legal custody, the father's consent is not required to apply for your children's passports.

Passport for minors
by: Anonymous

Question: I'm getting married next year in Mexico and my kids' father won't allow them to have a passport. Will the court help me get them a passport?

Answer: Yes, you may petition the court to compel the father to sign the consent for the passport application.

Tie Breaking Authority
by: Anonymous

Question: I am trying to obtain a passport for my daughter so my wife and other children can take a family trip abroad. My daughter's mother and I have joint legal custody in which I have primary physical and residential custody. My daughter's mother lives in another state and will not sign a statement of consent form for me to get my daughter a passport. Our custody order, as far as traveling with my daughter, states that if either party desires to take the minor child outside of their home state, that they are to provide the other party with information and itinerary, that's it! It says nothing about obtaining permission from each other, it says nothing pertaining to traveling abroad. Now, we are disputing over this because she feels I need to plan a whole trip and provide her information before she "considers" or "thinks about" filling this form out. I feel that before I spend money on planning the trip, I need to obtain a passport for my daughter first, so I know for sure she can travel with the family. Only then I can provide her mother with the information and itinerary. My consent order also says that in a dispute, if we can't reach an agreement, that I am to have tie-breaking authority and ultimately have the final say in the matter.

If I submit a statement of special family circumstances form with the passport application and evidence of my attempts (10 attempt) to reach an agreement, will that even work? All of my research suggest that a tie-breaking authority is a way to avoid going to court and wasting time and money.

Answer: Issues regarding family are delicate at best. In one hand, the mother refusing to sign the consent is not grounds for filing under exigent/special family circumstances. She is present but just will not cooperate unless her conditions are met. Also, the need for a passport does not directly affect the child's welfare or health.

On the other hand, it will be counter-productive to plan a trip without certainty that your daughter will be able to go. We recommend that you consult a lawyer who specializes in family law to study the custody agreement and see what can be done to appease the mother and have her provide the required consent.

Renew passport
by: Anonymous

Question: My daughter was born in the Bronx, NY. Her father is on the birth certificate. I asked for the consent form, so we can travel to DR on the summer, he said he had all his legal ID expired, he always have an excuse to renew his ID or passport. What I can do to renew my 7-year-old daughter's passport?

Answer: The father's lack of identification does not qualify as exigent family circumstance. Please call customer service at 1-877-487-2778 for advice on the matter.

Full Residential Parent
by: Anonymous

Question: I have a court order that says I am the full residential parent and the father is the noncustodial parent. Child is 9. Can I still get a passport for child without the consent from the father?

Answer: No, you cannot. Unless you have SOLE LEGAL custody of the child, you still need the father's consent to apply for your child's passport.

Passport
by: Anonymous

Question: Is there any way to obtain my daughter a passport if I'm not on the birth certificate? CPS granted custody to me because the mother is in jail. I only have the CPS paperwork and DNA result proving I'm the biological father.

Answer: You may submit the documents that you have as proof of parental relationship. The birth certificate will serve as the child's evidence of U.S. citizenship. These must be submitted in person with the rest of the requirements for your child's passport.

Father not in son's lives
by: Anonymous

Question: I have a friend that I want to go on vacation with us with her 2 sons. Her eldest is 14 and friends with my son and other son is 10. She’s still married to their father but haven’t been together for over 10 years and has nothing to do with his 2 sons.

I think he lives in California and she lives in TN. I’m just wondering if there’s a way she can go around the father's permission to get them passports. Even if he is found, she doesn’t think he’ll sign the permission slip just to spite her. I’ve heard he’s got warrants in TN. Can anyone give me advice how I can help her and give her and her boys a good vacation?

Answer: Your friend needs to at least try to get the father's consent for the children's passport applications.

If contact cannot be made after attempts, she can submit Form DS-5525 and provide proof of her efforts to contact. She must also explain the situation in as much detail as possible. This form must be submitted with the rest of the requirements. Please note that applications submitted with this form are processed on a case by case basis.

Never married
by: Anonymous

Question: I am the custodial parent of my 15-year-old. The non-custodial parent pays court ordered child support through the state, but he has no contact with her or myself. He is on the birth certificate but we were never married.

Do I still need his signature to get a passport? Also, We are getting passports to go on a cruise and the day we leave, she will turn 16. Would that nullify the need for his signature since she will be 16 before we board the boat? Thanks.

Answer: Since the child will still be under 16 when the application is submitted, the father's notarized consent is required to apply for the passport. It will not matter if the child turns 16 while she travels.

Question
by: Anonymous

Question: If my son's father already gave permission for our son to get a passport, do I also need a notarized letter from him to take our son on vacation in the Bahamas? We needed his approval for the passports which I would think is enough consent proof to take him out of the country for vacation. He is aware we are taking a trip, and is okay with it but dragging his feet on an additional letter.

Answer: A travel consent is not required for minors to enter The Bahamas. Please contact the Embassy of The Bahamas for confirmation.

Passport
by: Anonymous

Question: I need to renew my son’s passport. He is 5 years old and I’m a single mother but his father's name is in his birth certificate. In South Carolina law, an unwed mother has sole custody of child but I don’t have proof from the courts. Can I renew his passport without his father consent?

Answer: You have to establish that you have SOLE LEGAL custody and provide proof of it. If you do not have this, you still need the father's presence or consent to apply for your child's new passport.

No custody established
by: Anonymous

Question: I reviewed the prior questions and did not see one similar. If my daughter's father is on her birth certificate, but there is no custody order do I need his consent? She lives with me and has always had. He has limited to no contact.

Is the need for the other parent to sign based on custody order being in place/established?

Answer: The lack of custody order is actually the reason why you need the father's consent. The birth certificate listing his name gives him shared legal custody of the child.

Birth certificates
by: Anonymous

Question: My son's father is not on the birth certificate but I have a court order saying me and him have joined custody. The he need to go or not?

Answer: If the court order says you have joint LEGAL custody, you need the father's presence or consent to apply for your child's passport. Otherwise, you may proceed without the father.

Court order frome judge?
by: Anonymous

Question: So to be able to seek a court order from a judge, does it have to be done in the state the divorce went through, or the state me and my children live in?

Answer: Please contact an attorney regarding legal matters such as these.

Father is Currently illegal
by: Anonymous

Question: I am married but separated. Currently in the works to help my husband with his papers. He has a work permit that is expired so in return his ID is expired. He is willing to sign for the passport but with out a valid ID they denied the request. Is there a way around him not having a valid ID?

Answer: An ID is required as part of the notarized consent. The notarization requires a valid ID. Please contact passport services at 1-877-487-2778 for a possible workaround.

Statement of Consent?
by: Josh

Question: Hi! I want to take my kids to Turks and Caicos but my ex-wife refuses to help with the passport requirements because she doesn’t want them to go on the trip. The oldest is 11 years old. Would a court ordered Statement of Consent allow me to apply for the Passport without her? We share custody, and are both active in their lives. Thanks!

Answer: The courts can only petition the mother to sign the statement of consent, not actually provide it. You need to go for more diplomatic measures with the mother of your children so a possible solution could be met.


Traveling with son who’s father is not on birth certificate.
by: Anonymous

Question: My son'ss father is not on the birth cert. A DNA test by the county confirmed he is the father. Do I need a written statement of consent from him (or anything else) to travel out of the country with my son (we’re going to Mexico). We have never been to court for custody and I obviously have sole custody of him.

Answer: There should be no need for a consent from the father since his birth certificate lists you as the sole parent.

Consent to travel
by: Anonymous

Question: My son’s father is not active in our life’s since I got pregnant! He is in my son's birth certificate because we got to court for child support. I said he does not want to be part of my son life. I request my son passport along and I got it. Do I need a letter of consent to visit our family in Cuba? What do I have to do if I need it by my son’s father does not want to? ( He said he is going to punish me for the child support.)

Answer: Please contact the Cuban Mission to find out if you need a consent from the father to travel with your child.

Traveling with sister
by: Anonymous

Question: Hello, I read through to make sure I wasn't asking the same question twice. But my father (who has joint legal and physical custody) of my 15-year-old sister, wants to take us and another sister (18 & I am 24) to the UK next summer for a week. My mother (who my sister lives with currently) has previously stated she would not sign a passport consent form. We plan on going late July/early August of next year. My sister turns 16 in mid June. Would she be able to apply for a passport at 16 with just my father's consent or would my mother have to sign the form still? Thank you!

Answer: At 16, your sister can already apply for her own passport if she has a government-issued ID like a driver's license. She will then only need a signed statement of consent from your father plus a photocopy of his ID. These must be submitted with the rest of the requirements for a new 'adult' passport.

Concerning your child's passport
by: Anonymous

If you have sole custody, you will not need the other person signature. If the father doesn’t want to sign the paperwork to get your child passport, you can go to court and ask the judge to send him an order and reason for it. With that order he will have to appear in court and sign the paperwork in front of the judge. My friend currently just went through this process because of a death in her family out of country. Of course he was being spiteful.

Father using passport as custody leverage
by: Anonymous

Question: I have a 4-year-old son whom I have had physical custody of since birth. His father is listed on his birth certificate. We broke up when my son was a year old and were never married so there are no court documents stating custody arrangements and he has never provided financially for our son.

For the last three years my ex has had no interest in seeing our son and has never requested visitation rights. We are now planning a family vacation out of the country. When I asked him about signing the documents to get our son a passport his reply was he would only sign the documents if I agreed to give him visitation rights every weekend and request no child support payments. If I refuse to give him visitation or request child support from him then he will not sign. How should I proceed?

Answer: We recommend that you speak to a lawyer regarding your concern. The father withholding consent is not valid reason to apply for your child's passport under exigent family circumstances.

What if the father is just being an jerk?
by: Anonymous

Question: I am the custodial parent and the child's father has visitation and is actively involved but just does not want to sign the form for the passport.

He says stupid stuff, like the child doesn't need a passport or leave the child with me if you want to go on vacation. Mind you I have another child and a husband and we would like to take family trips all together. He is just being a jerk by not wanting to sign.

My thing is, I guess he never plans on taking his child on vacation. What can I do? I hear the sole custody answer but he's gonna fight tooth and nail about that, I just need a passport to take my child on vacation.

Answer: The father refusing to provide consent for the passport application is not grounds for applying under exigent family circumstance.

You can try to get the courts to order him to sign the consent form but he may also contest this. At this point, you will need to either reason with him or file for sole legal custody if that fails.

My ex is an immigrant and lives in the U.S.
by: Anonymous

Question: We are currently married but getting a divorce. We have been separated for 3 years.

She not signing the divorce because she want me to sign for her to get a passport for the children to leave the country. I'm afraid that she may leave and never come back. Can a judge force me sign for a passport or he can give her permission to get one. She live in a very dangerous country where there a lot of kidnapping and murder. What are my options to stop getting the passport. Please advise.

Answer: We recommend that you speak to a lawyer regarding your concern.

Concerned parent
by: Anonymous

Question: Does the notarized document for consent to get a passport expire?

Answer: Yes, the consent expires. It must be submitted within three months from the date it was notarized.

Concerned parent
by: Anonymous

Question: My son his 14 years old and has End Stage Chronic Kidney disease, his doctor says it best we move out to the States so my son can get the treatment he needs, we are also tryimg to give my husband guardianship of my son for emergency purposes in case I am unable to or I am unreachable, the non-custodial parent agreed to give him but now hes denying us any consent and he ain't even trying to participate in any of my son's treatments or even in his life. The only way he would give consent is if is taken off child support. There must be another way to do this, I tried to do it the easy way and just ask but he insist to making things hard for me. Need advice please.

Answer: We recommend that you speak to an attorney about filing for sole legal custody of the child and possibly to the courts to order him to provide what you need for the child's welfare and well-being.

Shared legal BUT
by: Anonymous

Question: We have shared legal custody, I have full physical custody of my 9-year-old. However, in the court papers that he signed, it states "permission to travel/to obtain passport- mother may obtain passport for minor and travel out of the US with the minor for vacations not more than 4 weeks without further written permission of the father"

He is currently denying signing the needed paperwork but now that I looked over the court ordered judgment, I’m wondering if I even need the permission or if this will be enough for the state of California to obtain his passport. We go to Mexico every year in December and have gotten by with BC and social, but I’d like to have his passport for further proof of citizenship.

Thank you so much in advance. I was trying to read all the questions to make sure I’m not asking what someone else already asked, but couldn’t find someone with similar situation.

Answer: The court order may be enough for you to apply for your child's passport without the father's consent. The best way to find out for sure is to try and apply at an acceptance facility and have the passport agent assess the document.

Illegal parent
by: Anonymous

Question: I have a 6-month-old son and his father signed his birth certificate but his father is here in the U.S illegally. Would I still need his consent to get my sons passport and take him on a trip out of the country?

Answer: Yes, the father's present or consent is still required to apply for your child's passport.

Passport for minor
by: Chay

Question: My child's father is adamant about not signing her passport papers. His reason is that he doesn’t feel comfortable with her traveling internationally. He is on the birth certificate and active in her life (does nothing financially) but there. Should I go to court to get him to sign or would that be wasting my time?

Answer: The father has rights over the child unless you were awarded sole legal custody. Please speak to a lawyer regarding your options.

What if a parent will not sign the consent?
by: Anonymous

Question: My husband and I are separated, my 17-year-old son and I moved to another state in the country. We need to go to South America to visit my parents who are very sick and my husband refuses to give his consent for my son to travel. Who will be able to help me, and/or, is there anything I can do?

Thanks for your prompt response.

Answer: If you are legally separated from your husband but will share custody of your child, you need to submit the following:

1. Valid passport of travelling parent and child
2. Unabridged Birth Certificate (UBC)
3. One of the following
-Parental Consent Affidavit (PCA) not older than 6 months
-Court order granting FULL parental responsibilities and rights to the travelling parent
-Court order granted in terms of section 18(5) of the Children's Act, 2005
-Letter of Special Circumstances issued by Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has been appointed as yet

Please contact the South African Embassy for more information.

German and US passport
by: Anonymous

Question: My son has a valid German passport and an expired U.S. passport. His father refuses to give his consent for the renewal. Can my son travel with the German passport?

Answer: By law, all U.S. citizens (regardless of age) need to depart and re-enter the United States using their valid U.S. passports.

If the father refuses to sign for the passport but you can contact him, you may seek the help of the local family court to order him to sign the consent to apply for the child's passport. Another option is to file for sole legal custody of the child.

No dad on BC
by: Anonymous

Question: Hi, I have a son whose father is not present in over 9 years. He never signed his birth certificate. Can I still get his passport without both parents present? My husband now is his legal guardian for everything but is not on his BC.

Answer: You may apply for your child's passport without the father. The birth certificate listing you as the only parent is enough evidence of sole legal custody.

Temporary sole legal custody
by: Anonymous

Question: Hi, I have temporary physical and legal custody of my child, do I still need my ex-spouse to fill out form D-3053? Thanks!

Answer: You may not need the father's consent if you have sole legal custody, albeit temporary. Please call customer service at 1-877-487-2778 to confirm.

Arizona Law
by: Anonymous

Question: In AZ even if the father is on the birth certificate but we were never married, the father has no rights until a court has a paternity test showing he is the father. Will I still need consent from him?

Answer: We recommend that you speak to an attorney regarding legal custody issues as it applies to state law and the current passport process.

You can also contact the National Passport Information Center at 1-877-487-2778 for information and advice.

Father is homeless and will not sign the consent form
by: Fabmama

Question: I would like to get both my kids a passport. I am the custodial parent and have shared legal with their father. Their father is homeless, hasn't seen them in over a year. I do not have an address for him. All I know is he is no longer in the area. What is the best course of action?

Answer: We recommend that you speak to a lawyer about filing for sole legal custody of your children. Judging from the current circumstances, the courts will most like rule in your favor.

2 birth certificates
by: Anonymous

Question: My son has two birth certificates one without fathers name and one with. And father refuses to sign for passport can I use the birth certificate without his name on it to get a passport for him?

Answer: Please call customer service at 1-877-487-2778 for assistance regarding your case.

My daughter has my last name
by: Anonymous

Question: I will be traveling to Mexico. My daughter (4 years old) has my last name, not her father's. But on the birth certificate it has both the father's and my name. My question is this: the father is in jail for two years. Will the father still need to have a notarized letter for approval or can I just apply for a child passport myself since father is in jail? Thank you.

Answer: Since the father's name is on the birth certificate, his consent is required. However, if you can secure a copy of the father's incarceration order, you can submit it with Form DS-5525 and apply for your child's passport under special family circumstances. The father's consent will not be needed then.

Non-Custodial Parent not in child's life
by: Anonymous

Question: I would like to get a passport for my 13-year-old son. Unfortunately his father cannot be contacted and is living in the States. Is there a way to get his passport without his consent? What are the options for custodial parents, without going through the court system?

Answer: Assuming that the father's name is in the child's birth certificate, you have very limited options.

You may attempt to submit Form DS-5525 Statement of Exigent Family Circumstances but this is only processed on a case by case basis, generally only when it directly affects the health and welfare of the child. So unless your child is in desperate need to travel abroad, you cannot use this form.

Your best option is to file for sole legal custody of the child. You may also ask the courts to order the father to issue the consent for passport issuance.

Custody Paperwork
by: Anonymous

Question: I have sole legal and physical custody. The Dad has supervised visitation that he's never done. I understand that I'm supposed to be all clear to get a passport for my child without dad's consent or signature, etc. My question is this: I understand that you give up your original or certified birth certificate and they mail it back with the passport. Do I then also have to give up my only copy of my divorce/custody decree and hope it makes it back to me by mail as well? Is there a way to have a copy notarized instead? If it were to get lost in mail etc. I have no idea how to replace this document!

Answer: If you request for expedited service, you need to submit the original or a certified copy of your custody papers. If you go through routine service, a photocopy should suffice.

Please note that documents submitted with passport applications are sent separately from the new passport. These may arrive within a few days of each other.

I'm at a loss
by: Anonymous

Hello my name is Tisha. Years ago my baby's father and I went to get a passport made for her. He then had a change of heart and put a hold on her passport. I'm now married to a military member and we have a son together. My question is if my husband gets stationed overseas, how do I go about getting my daughter's passport out of hold? I know I will need his consent but do I need a judge as well? I can't leave my daughter while I'm with my husband. Also my daughter's father hasn't seen or talked to her in a year and a half.

Answer: Passport Services does not put passports 'on hold'. In order to obtain a child's passport without the presence of one parent whose name appears in the child's birth certificate, you need to submit a notarized statement from that parent consenting that you apply alone.

That consent may be in the form of Form DS-3053. You need to contact the father to get his consent.

Also, you may speak to a lawyer about getting sole legal custody of your daughter to avoid issues like this in future.


Michigan
by: Anonymous

Question: I have read my reply and am relieved because her dad has stated that he will not cooperate if I need his help. However when we tried to apply at the post office they wouldn’t let us. They said even if he has one min visitation that they need his consent?

Is there somewhere I can find this law or rule to take to the post office when I try to apply again? I hate taking her and being sent away again, it was upsetting to my daughter

Answer: In order to establish sole legal custody, you need to provide the passport agent the court order awarding you such. The order should be enough to allow you to apply without the father.

If you wish to speak to a customer service representative, please call 1-877-487-2778.

Passport for Michigan
by: Anonymous

Question: I have read through a lot of the questions here but still it is unclear to me if I can get my 11 yr old daughter a passport without her dad. I do have sole legal and physical custody but he has through the court regular visitation every other weekend and we split holidays. We live in Michigan if it matters?

Answer: If you have sole legal custody and have proof to show for it, you may apply for your child's passport without the father. This rule is applicable across all states.

Father will not give updated copy of his driver's license
by: Anonymous

Question: I am the custodial parent of my child. We have a scheduled trip this Christmas. My ex-husband filled out the DS-11 form and had it notarized. However now that we are in a child support disagreement, he will not give me an updated copy of his Texas driver's license. Is there anyway we can still proceed with the passport?

Answer: First, DS-11 is not the right form to notarize. The non-applying parent must provide you with a notarized Form DS-3053.

If the father refuses to provide consent and a copy of his ID, you can seek assistance from the local family courts. The courts can order him to provide consent. You may also consult your lawyer about filing for SOLE LEGAL CUSTODY to avoid this kind of issue in the future.

Travel with non-custodial adult
by: Anonymous

Question: My sister has denied entry to the USA. She came here to pick my baby up for travel to Indonesia. I would like to ask my close friend to bring my baby to travel to Thailand instead where my sister will pick her up. I have notarized travel document authorizations. My baby has 2 passports.

Is it possible for her to travel if I give permission to my friend to take her to my sister? I have a travel document authorization for each of them and proof that I'm not married. Is there any other document they should have? My baby is going to stay in Indonesia for a year. Since she has an Indonesian passport, she can stay as long as she wants. I can't go with her because I have paper work to do.

Answer: Your baby may depart the United States with the authorization letter you signed. However, you need to check with the Indonesian Embassy and the Royal Thai Embassy about their laws regarding children traveling with adults who are not their parent or legal guardians.

Non-Custodial Parent only has supervised visitation
by: Anonymous

Question: My daughter's mother legally only has supervised visitations that she does not comply with and has not seen her in over a year. Does her mother still have to sign the form or is a court order showing supervised visitation and consent to travel outside the country good enough to get the passport on my own?

Answer: If the court order awarded you SOLE LEGAL custody of your daughter, you may apply for her passport without the mother's consent.

Never sees kids but refuses to help get a passport
by: whattodo

Question: I have my kids full time and my ex does not exercise his non custodial parent rights. He refuses to go with me to get passport and will not take my calls. What can I do at this point?

Answer: We recommend that you contact the local family court to see if they can issue an order compelling the father to sign the consent for passport issuance.

Also, since the father does not exercise his parental duties and rights, you might want to consider filing for sole legal custody of the children. Please consult your attorney regarding the matter.

Does DS-5525 apply to my circumstance?
by: Anonymous

Question: The DS-5525 form applies for exigent circumstances. I'm the primary guardian of my 4-year-old daughter. Two years ago, I contacted her father about a passport which he refused and mentioned he wanted to get me back; several times that year I contacted the non- custodial parent and received no answer. Three months ago I tried again, and received no response. I am planning to go to Canada/Montreal for my niece's wedding in Sept. There is no exigent reason for my travel, but I am not able to find the non- custodial parent. Does this qualify to use the said form above? Is that enough time to seek for the non- custodial parent to apply using said form?

Answer: Exigent circumstances related to a child's passport application are only considered such when the health or welfare of the child in question is involved. Since your does not, Form DS-5525 is not applicable.

However, there are other avenues you can take. 1) You can apply for a court order compelling the father to provide consent for passport issuance or 2) you can consult a lawyer about getting sole legal custody of the child.

Having said all that, you may not need a passport to travel to Canada with your child by land. All you need is the child's birth certificate. If you are traveling by air, then you will need a passport.

Custody of granddaughter
by: Anonymous

Question: I have custody of my granddaughter. Will I be able to get her a passport without her parents' consent?

Answer: If you have SOLE LEGAL custody, you will be able to apply for the child's passport without the parents' consent. Otherwise, they need to be present or provide notarized statement of consent for passport issuance.

Irresponsible deadbeat mom says she sent notarized consent form
by: Rob S

Question: Greetings -- my daughters and I are going on a cruise. We would like my youngest to have a passport just in case of a medical emergency while out of the country. I have sole physical and joint legal custody with my ex wife, who has an arrest warrant out in our home state and has lived at 15 different addresses in six states since we split. She owes $22000 in back child support. She sent a notarized consent form months ago, but unfortunately I held onto it waiting for my tax refund and didn't realize the form expired after 90 days. She has sent me text messages in the last few weeks claiming to have mailed another one, but it never arrived and I doubt she really did it. Does the original consent form, with the messages from her stating she sent another one, establish enough proof of her consent?

Answer: No, the expired statement of consent with the text messages will not suffice. A new notarized statement needs to be submitted with the application for your child's passport.

We recommend that you contact the local family court or your lawyer to see about getting sole legal custody of your children.

No father
by: Anonymous

Question: My father got deported to Mexico. Can my little brothers still get a passport with just my mom's signature?

Answer: If your father's name is on your brothers' birth certificates, his notarized statement of consent is required to apply for their passports. You need to contact your father in Mexico and ask him to mail the notarized consent to the United States. The consent also needs to be accompanied by a photocopy of his ID.

Closed loop cruise
by: Anonymous

Question: My children are 4 and 16 months. We are scheduled to take a closed loop cruise to Bahama's on Disney Cruise line. I contacted Disney cruise line and all they require to the Bahamas is one legal parent with their birth certificates. I asked the ex for the travel to consent form as a precaution and he denied it. The ex does have joint legal, but no where in our paperwork does it specify that I can't take children out of the country. I have provided him with the dates and locations of the 3 night trip. Are there any other precautions I can take to insure that the children and I will have no issue returning back from the cruise? Thank you.

Answer: Based on your explanation of the situation, you should have no issues getting back in the United States after your cruise. But if you want to take all necessary precautions consent-wise, you may contact the local family court to see if they can order the father to provide the statement of consent for your children to travel.

Passport
by: Anonymous

Question: My daughter's dad is not on the birth certificate. He has 50% legal custody with me having the final say in decisions. I need to get her a passport and he won't sign the consent. Can I still get her a passport without him signing the consent since he is not on the birth certificate?

Answer: While the birth certificate may be enough to apply for your child's passport without the father's consent, there may be legal issues since he has 50% legal rights over the child. Please consult your attorney before taking any action. You may also call 1-877-487-2778 to speak to a customer service for advice regarding the matter.

What rights do I have in order to get the passports from my kids mom?
by: Anonymous

Question: I signed off for passports for my kids when their mom wanted to take them to the Philippines. I'm getting married on a cruise to Mexico and asked my kids mom for their passports. She doesn't want to give it. The Cruise has been paid for already and I really want my kids there for my big day.

Answer: Please contact the local family court to see if they can order the other parent to allow your children to travel. You may also seek advice from your attorney for appropriate legal action.

Travel dates on Notarized letter
by: Anonymous

Question: My ex-husband has finally agreed to let me take my son with me to Cancun, Mexico. I have not bought the tickets and he is coming to see my son this weekend. I do not want him to change his mind within these next two months. I know we will be there the weekend of 8/12/17, can I use a range of dates on the notarized letter? Or do I need to be specific with my dates of travel?

Answer: Travel plans or dates are not required in the notarized statement of consent for passport issuance to a minor. In fact, there is no such field in Form DS-3053. Please use this form when you apply for your child's passport.

Travel
by: Anonymous

Question: My son has been living with me in Florida ever since I broke up with his father who now lives in Baltimore. He wants him just for the summer and is willing to sign anything to show me he'll bring him back. What do I do? Do I write a letter of agreement have it notarized and then have him sign it at the airport?

Answer: Please consult your attorney regarding the matter.

Joint legal
by: Anonymous

Question: My wife and her ex have joint legal with my wife having 100% custody time and "Final Say" on legal decisions if they don't agree after discussion on extra curricular activities, schooling, medical etc.. My questions is is that enough to satisfy the sole legal requirement?

Answer: Please consult your lawyer regarding legal custody matters such as this.

passport given to minor with outdated birth certificate
by: Anonymous

Question: My husband was put on his daughter's birth certificate at a later date (2003 or 2004 and not long after her birth) but her mom still uses the original for school things and it doesn't show my husband listed on there. Would she be able to use this outdated birth certificate to get his daughter a passport without his consent? They share legal custody but she has primary physical custody. If this did happen and it wasn't allowed to, how do we report it?

Answer: We recommend that you speak to a lawyer regarding the issue.

International travel with minors
by: Anonymous

Question: Hello, I have already received my daughters' Canadian passports without the father applying, as his name is not listed on the birth certificate. My question is whether I can cross the border from Canada into the United States with my daughters - without a consent to travel letter. Is a birth certificate showing only my name considered proof of sole legal custody when entering the United States?

Answer: The birth certificates with just you listed as the parent are enough proof of sole legal custody.


Additional question
by: Aj

Question: If following the signing of child's birth certificate you are deemed Custodial Parent, do you still need signature of other parent for passport?

Answer: You need to be awarded sole LEGAL custody in order to apply for a child's passport without the other parent's signed consent.

Sole legal custody
by: Anonymous

Question: Can I still have sole legal custody if my daughter's dad is paying child support?

Answer: We recommend you consult an attorney regarding custody and child support issues.

Questions about an application
by: Anonymous

Question: I submitted an application for my 13 year old daughters passport. The father is not involved and never has been. A few years ago I legally changed her name through the courts by publishing an article in an attempt to locate the father. I submitted this court order as well as the form for exigent circumstances stating I haven't been able to locate this gentleman. I also stated paternity was never established via DNA testing.

I haven't heard back in regards to her passport and it's been about 3 weeks or so. My question is do you suspect this is enough information to support my request? Just anxious but afraid to reach out and inquire.

Thank you.

Answer: According to the State Department, requests may qualify as special family circumstance if the minor's family situation makes it exceptionally difficult or impossible for one or both of the minor's custodial parents/legal guardians to provide the notarized, written consent. Based on your explanation, your child's situation falls under this category.

If you want to check the status of the application, you may do so at the following web page: http://uspsg.net/status

You may also call 1-877-487-2778 to speak to a customer service representative.

Minor passport with 1 parent overseas
by: Anonymous

Question: How can we apply for a passport for a child born in USA whose father lives in another country and is not a US citizen?

Answer: The father can visit the nearest U.S. embassy or consulate general to complete a consent form DS-3053 and have it notarized. He then needs to send the form and a copy of his ID used at time of notarization to you. You can submit these with your child's passport application and other required documents.

Passport with full custody
by: Anonymous

Question: Ok. I have full custody of my son and I live in Ohio. I want to send him to Mexico next year. When I went to apply for a passport for him, they said they need the mother's consent. I would like to know if this is true.

Answer: In order to apply for your minor son's passport without the consent of the mother, you must submit evidence of full legal custody. If you have full physical custody but not full legal custody, you must submit the mother's notarized consent.

Custody and documentation
by: Anonymous

Question: I applied for my son's and daughter's passports. I assumed sole physical custody was enough and submitted my request for passports. I checked the status of one and it is asking for the noncustodial parents consent or the special form about not being able to contact the other parent. I received my daughter's but not my son's.

Answer: Sole physical custody is not sufficient to apply for a minor's passport. You must submit either notarized consent from the non-applying parent or evidence of sole legal custody.

How old is your daughter? Minors ages 16 & 17 only need the parental awareness of one parent. If she is age 15 or younger and you did not submit evidence of sole legal custody, the passport should not have been issued.

passports for my children
by: yasmeen

Question: I'm trying to get passports for my kids. I haven't heard from their fathers in 2 years. I can't get in contact with them. I don't know where they are. I want to know what forms can I sign so me and my kids can see our family?

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

I have sole custody. How do I obtain my child's passport?
by: Anonymous

Question: Hi. I'm planning a trip to the Dominican Republic for 5 days stay with my 2-year-old son. I have sole custody of my son. I have no comunication with his dad. I don't even have his address or contact number. Do I need his permission to obtain my son's passport?

Answer: If the father is listed on your son's birth certificate, you have to either submit notarized consent from the father or evidence of sole legal custody. Sole physical custody will not suffice.

Question about my 2 1/2 yr old son's passport
by: Anonymous

Question: I'm a single mother with a 2 1/2 yr old son. I'm planning on traveling within the US to a few states including Hawaii and Alaska. I heard about new laws being placed that to fly within the US one will now need a passport. I was wondering if this is true or if I can fly with my son anywhere within the US without a passport still?

Answer: A passport is not required for domestic flights.

child living abroad
by: Anonymous

Question: My son is 11. He was born in the US. Both his dad and I are from Nigeria. His father moved with my son to London 7 years ago. He got a divorce decree in Nigeria 4 years ago awarding him custody. I still live in the US. The father refuses to renew my son's passport. My son is living in the UK illegally. I'm traveling to the UK to see my son for the first time after 7 years and would like to bring him back to the US. Is there a way I can get a passport for my son when his father refuses to sign the statement of consent. Can my son's residence status in the UK help me get a passport without the father's signature. If I have to use the courts, do I have to use courts in the UK or should go to the courts in the US for a court order.

Answer: We recommend you contact the U.S. Embassy in London concerning this issue.

Will I need permission for my 15-year-old daughter?
by: Anonymous

Question: Hello, I've booked a cruise to the Bahamas and will be traveling with my 15-year-old daughter from Florida. We will board the ship on Jan/21 and will arrive in Bahamas on the Jan/22. Which is my daughter's 16th birthday. Will I need permission from her father before we cruise? We were never married and he is on her birth certificate. Also, my daughter is not a passport holder.

Answer: Please contact the cruise line for travel document requirements. They can inform you concerning whether or not the father's consent is required and if your daughter needs a passport.

Passport
by: Anonymous

Question: I share joint custody of my teenage son (15) and I am the primary custodial parent. I am attempting to get a passport to travel to England in August of 2017. I attempted to send a DS-3053 to my ex-husband but he said he will not sign it. Is there anyway for me to get a passport?

Answer: If your son will turn 16 before August 2017, he can apply for a passport without his parents as long as he has a valid photo ID.

If he will not complete his 16th birthday before the trip, he will need the consent of his father. If the father is unwilling to sign, you can speak with a judge at the nearest family court to see if the father can be obligated to sign or if his signature can be bypassed.

my minors' passports
by: Anonymous

Question: Hi, I gave birth to my twin girls in the United States in January 2015. I live in Nigeria. Their father's consent was given and his name is on the birth certificates and passports. We have been having issues and he seized the kids' passports from me. Now I want to travel to the US with the kids for vacation but he has refused to give me the passports. What should I do? The marriage is abusive and I want to leave the marriage. How do I get new passports without their father?

Answer: We recommend you contact an attorney or the nearest family court for assistance. You might also contact the U.S. Embassy in Abuja.

mutliple passports
by: Anonymous

Question: Is it possible for a child to have two passports? I have joint custody and both parents, I think, are willing to sign to consent for a passport. However to avoid one parent from holding the passport "hostage" is it possible for two copies; one for each parent? With or without parents consent for two copies? Which obviously could avoid legal expense in the future to compell one parent to release the passport for perfectly legal travel for a parent with joint custody. thanks

Answer: It is not possible to obtain two passports for the case you described above.

Father of daughter won't respond to request for signature
by: Anonymous

Question: My husband and I want to take our kids and grand kids to Mexico 2017. We have filled out the form where the other parent cannot be located stating how we have tried to find him and just found out that it was denied stating we needed his signature. She is almost 12 and the father saw her two days after she was born and two weeks after she was born and has not been in her life since. They were never married. I sent him a private message via Facebook - he read it and then blocked me. My daughter then sent a message - he didn't read it but immediately blocked her. We have no other way to get in touch with him. My heart is broken because my dream has been crushed. Any help on what we should do next would be greatly appreciated. Thank you.

Answer: You might want to consider one of the following options. One, consult an attorney about obtaining sole legal custody. You might find the resource Child Custody Strategies for Women useful for this.

Two, contact the nearest family court to see if a judge will bypass the father's signature, or make him sign.

Noncustodial parent will not consent to a passport
by: Anonymous

Question: I am the custodial parent and I want to visit my sister in China along with my 3-year-old. Her father (noncustodial) will not sign off on the birth certificate. His name is not on the birth certificate but he has court ordered visitation. Would I be able to obtain a passport without his consent?

Answer: You can submit your child's birth certificate as evidence of sole legal custody in order to get a passport for her.

passport
by: Anonymous

Question: I applied for my daughter's and son's passports and submitted the form DS-5525 with both applications. I got a letter in the mail stating that I needed to submit the form but I already had. Where can I get started with the process of getting sole custody of both kids so it'll be an easier process in the future?

Answer: Please contact the nearest family court or consult an attorney.

Run away father
by: Anonymous

Question: My son was born two months ago. His father signed his birth certificate but a week later he ran off to Mexico and is unreachable. I tried reaching out to his family many times, but no one will give me any info. I'm going to Mexico with my baby in less than a month and I need to know what to do. Please help!

Answer: Along with Form DS-11 and required supporting documents, you 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.

Minor passport
by: Ivey

Question: I want to get my daughter's passport but am not able to find her father because his name was never put on her birth certificate.

Answer: Since the father's name is not on the passport, he does not need to be present nor do you need to submit notarized consent to apply from him. You can submit the birth certificate as evidence of sole legal custody. For a list of all requirements, click here.

My son
by: Anonymous

Question: I'm a father of a 3yo and want to get a passport so we can travel. But neither myself nor his mother has custody because I cant find her. Can Í still get a passport without her?

Answer: If the mother's name is listed on the birth certificate, here consent is required. If you cannot find her, you can submit Form DS-5525: Statement of Exigent/Special Family Circumstances. For more information about getting a passport for a minor, click here.

I'm the custodial parent? Do I have to have permission from the non-custodial parent for a passport?
by: Anonymous

Questions: I'm listed as the custodial parent for my 13 year old son. This was done as a court order. I have two questions: 1. Do I need a noterized letter from his father to take a cruise (closed loop)? 2. do I need his permission to obtain a passport for my son?

Answers: 1. Contact the cruise line concerning document requirements when a minor is traveling with only one parent. 2. Unless you have sole legal custody and not just physical custody, the father's consent is required in order to get a passport. Note, passports are not required to re-enter the United States when traveling on a closed-loop cruise. They may be required for the destinations you will visit. Again, contact the cruise line about travel document requirements.

QUESTIONS ABOUT SON
by: Anonymous

Question: If I do not have custody of my child and his father has custody, he is not on the child's birth certificate. I do not want to give any consent to allow his father to take him out of the country - do I have this right? Can his father go over my head? Do I have the right to pick state where he can take our son?

Answer: One parent can apply for a passport for minor under the following conditions.

1. The applying parent presents notarized consent from the non-applying parent.

2. The applying parent presents evidence of sole legal custody. This can be either a birth certificate that has only the applying parent's name on it or a court order granting sole legal custody.


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