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

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Custody
by: Ana

Question: I applied for my son's passport as a special family circumstance, his father got deported to our country and I don’t talk to my ex since we talk about getting divorced after 4 years of separation. So the last time i talked to him was almost a year ago.

I send the U.S. passport our divorce agreement saying that I have all the major decisions and all the responsibility for my son since the father is out of the United state and the final divorce paper from the judge. I didn't get any answer!
The divorce agreement about my son's custody and final papers from the judge proof of custody for you guys?

Answer: A divorce decree is usually not acceptable proof of sole legal custody unless it states clearly that you have been awarded sole legal custody of the child. Please contact the NPIC at 1-877-487-2778 for more information.

Child's passport
by: Anonymous

Question: I have joint custody of our 4-year-old son with my ex boyfriend. The court order says that both parents have to agree on taking our son out of USA, but my ex has a history of forging my signature and he didn't return my passport either. He wants to take our son to Ukraine and I strongly disagree. We have every other week visitation and I'm afraid that he would use my passport to write a notarized permission to apply for our son passport's and take him out of country this week. How can I protect my son from taking him out of country?

Answer: You may enroll your son to the Children's Passport Issuance Alert Program. This way you will be alerted once an application for a passport is submitted in your child's name. We highly recommend consulting an attorney about the issue of forgery and taking the child out of the country without your consent.

My husband has the US passport of my child, can I declare it as lost passport and ask for new one?
by: Anonymous

Hi. I am Filipino and separated for 6 months from my US citizen husband. We have 2 children and already both US citizen through naturalization. I have the US passport of my eldest child but my husband has the passport of my youngest child. He won't give it to me. What should I do? Can I request for a new one or I can't do anything with that?

Thank you.

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Requesting a new passport for your daughter is not a good solution. In order to do this, you must first claim the current passport as lost. It will then be canceled and can never be used again. If someone attempts to use it, it will cause problems.

Then, you would have to apply for a new passport for your daughter. This would require the consent of the child's father. If he is unwilling to give you the passport, it is not likely that he will consent to getting a new one.

The only recourse you might have is to request a court order that would demand that your husband give you the passport. Usually, a judge would only do this if it was determined that travel abroad was in the best interest of the child and there was no risk of international child abduction.

Best regards,

William

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