Comments for How does a single mother who has full custody of her child get the child's passport? Click here to add your own comments

Sole physical but joint legal...child passport app by: Anonymous Question: I have Sole physical custody and joint legal with my kids' father. Am I able to apply for their passports without their father present who lives in another state. I was able to obtain my 15 year olds drivers license but I am worried that the passport requirement may be different. Answer: The father does not need to be present but you need to submit a notarized consent from him for each child's application. You need to submit each consent form/statement with a photocopy of the father's ID presented to the notary. He may use Form DS-3053 for this.

Full Legal & Physical Custody by: Anonymous Question: I have full legal & physical custody of my son. We are not in contact with the father, he doesn't pay support and has zero legal rights outside of visitation which he hasn't seen his son in 4 years. Do I still need to the father's permission to renew a passport for my 14 year old? My son has had a passport since he was 6 months old. Answer: You do not need the father's consent. Instead, you may submit the court order awarding you sole legal custody.

Legal Custody by: Anonymous Question: I am 18 years old and I applied for my first U.S. passport. My mother became a U.S. citizen before my 18th birthday. When I applied, the young lady that handled my case took all my documents and accepted the payment so I assumed I had everything that was needed. Why would she take my payment and then I received a mail from the passport office requesting proof of legal custody from my mom? I am 18 so I am confused as to why this is important, especially why the young lady did not mention this to me at the time of application. I do not have proof of legal custody. Please advise what I can do. Answer: I am assuming that you are applying for a U.S. passport by virtue of your mother's naturalization and submitting her citizenship documents to prove that you are also a U.S. citizen. In order to acquire citizenship though a parent, some conditions must be met -- one of them is that you should have been in her custody (legal and physical) at the time of her naturalization. You need proof of legal custody from your U.S. citizen parent to establish your citizenship. You may contact the USCIS to learn more about this. As for the passport agent not telling you about the required document, their role is to adjudicate your application and accept payment. Additional requirements are requested by processing center agents, not acceptance agents.

Based on the new Florida law July 1st by: Anonymous Question: Based on this new law of unwed parents, I have my daughter and her father does not see her nor pay child support. He is in the birth certificate. Can I take out her passport without his signature based on this new law? Unwed mothers have sole custody of the child even if the father is on the birth certificate. People also ask What is the new parenting law in Florida 2023? The most important effect of the change is summed up in this excerpt of the new law: "The mother of a child born out of wedlock and a father who has established paternity are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents." https://www.myfloridalaw.com › ne... Unwed Father Rights Amped-Up Under New 2023 Law - Ayo and Iken MORE RESULTS What are the new laws in Florida July 1 2023? Do moms automatically have full custody in Florida? The unwed mother has legal custody of the child automatically. Naming the father on a birth certificate does not grant them any rights in the State of Florida. Answer: This is a case where state law is not aligned with federal law. Since U.S. passports are issued by the federal government, you have yo abide by their rules and the rule is that you need to establish sole legal custody by the courts to apply for your child's passport without the other parent listed in the birth certificate. I recommend that you contact a lawyer specializing in family concerns regarding this. A lawyer should be able to point you in the right direction especially that the law has only been ratified recently.

Dad not on birth certificate/I have sole legal and physical by: Anonymous Question: My daughter's birth certificate does not have the father's name on it, and I was awarded sole Physical and Legal custody. I went to the court and they gave me a copy of the order. Will that copy suffice since the father is not on the birth certificate? Answer: The birth certificate listing you as the only parent is sufficient proof if sole legal custody for a passport application.

Names on Passport by: Anonymous Question: IF I have sole legal custody of my child, do I need to place my child's father's name on the passport? Also, if I do have to put his name on the passport, will it show on the child's passport? Answer: You should enter the father's name on the application form. The father's name will not be printed on the child's passport.

Do I need permission from my daughter by: Anonymous Question: My daughter's father is on my daughter's birth certificate but we are not married and he never established paternity through the courts. He is going to prison soon for a few years. Do I need his permission every time I want to travel with her internationally? Do I have sole custody since he never established his paternities through the courts? Answer: Since the father's name is on the birth certificate, you share legal custody of your child unless you have a court order stating otherwise. The travel consent requirement depends on your destination. There are countries that do not require consent from the non-traveling parent. If and when you do require consent, the father should still be able to provide it since people who are incarcerated have access to notarial services.

Court order of divorce decree by: Anonymous Question: I got the court order signed by the judge and certified by the clerk, however, the agreement where it states I have sole legal custody cannot be certified as it is an attachment of the court order. Would these suffice to renew my daughter's passport? Answer: As this is a legal document, we recommend that you speak to your lawyer for proper interpretation.

Passport by: Anonymous Question: I'm a single mom, the dad is not on the birth certificate and my child has my last name. Also no contact with dad and not know where he is now. Would I be able to apply for my baby's passport alone? Answer: Yes, you will be able to. The birth certificate listing you as the only parent is sufficient proof of sole legal custody over the child.

Single parent, unwed by: Anonymous253 Question: The child support order from Washington State names the mother as the custodial parent/physical custodian and the father as the non-custodial parent. Can this document be used to apply for a passport? The father has not been an active participant in the child's life for greater than 10 years. Answer: It seems that you are the physical custodian but still share legal custody of the child. Unless you can present a court document clearly stating that you are the sole legal custodian of the child, you need the father's consent to apply for the child's passport.

Passport by: mami9811 Question: I have a paper from child support saying I am the sole custodial parent. Does that qualify for the passport?? Answer: If your document states that you have sole LEGAL custody and not just sole physical custody, you may use the said document to apply for your child's passport without the other parent's consent or presence.

Sole custody by: Anonymous Question: My child support court order listed the mother (myself) as the managing conservator and the father as the possessory conservator. Does that mean I have sole custody of my child? I'm trying to get my son a passport without the dad's consent. He only has visitation rights. Answer: According to the Texas Family Code, sole managing conservatorship awards you the right to apply for, renew, and hold on to a child's passport. This MAY be understood as sole legal custody. You may be able to apply for your child's passport by providing a certified copy of your custody/conservatorship orders with the rest of the application requirements.

Child passport by: Anonymous Question: I don’t have sole legal custody of my 7-year-old daughter and I’m trying to get her passport. They send me some requirements including the DS-3053 form. Do I need a custody decree if the DS-3053 form was signed by the father and notarized by a consulate officer? Thank you. Answer: There will be no need to provide custody documents if you have a notarized consent form.

Married in Japan, but have sole custody by: Anonymous Question: I was married in Japan and filed for marriage there, but not in the states (when I went to the embassy to do so they said it's not required). My children were born in Japan, and because I'm an American, they have American citizenship. My husband and I got a divorce and I have full/sole custody of my children and have the papers to prove it but only through the Japanese Koseki Tohon which lists the above. I went to a passport agency to renew my children's passports but they told me the father has to be there, I showed them my Japanese papers along with translations but they wouldn't take them and I'm lost to what I can do. Answer: Since your custody documents were deemed insufficient, what you can do is contact the father for notarized consent for the children's passport applications. He may complete Form DS-3053 for each child and have the forms notarized at the U.S. Embassy or Consulate closest to him. He can then give these to you with copies of the ID presented to the notary. Once you have these documents, you may apply for your children's passports.

What is the right document for a custody decree by: Anonymous Question: This is the second time I’m submitting an application and paying the fees for a passport for my child and the passport agency send me an email for more evidence after I sent in a signed affidavit from the father who resides overseas. I am so confused now as to what this document for a custody decree is. Answer: The document must be a court document signed by a judge who awarded you sole legal custody. If you do not have this, your other option is to have the father complete Form DS-3053, have it notarized at a U.S. Embassy or Consulate and send it to you with a photocopy of his ID presented to the notary.

Divorce decree by: Anonymous Question: I submitted my original divorce decree with my son’s application to show that I have custody but the clerk was concerned because it did not have a seal/stamp. Will this be accepted? Answer: If the passport agent does not deem the document acceptable, you should follow his/her advice.

Obtaining passport for minor by: Anonymous Question: I have joint custody with the father of my child. He is incarcerated and will be for a very long time. If I had sole custody, would I still need any signature from him? Or can I just fill out the special form since I’m unable to contact him? Answer: Incarcerated individuals have access to notary services. You need to contact the prison where the father is to secure the required consent to apply for your child's passport. Alternatively, you may file for sole legal custody of the child to avoid this altogether.

Sole legal with shared physical by: Anonymous Question: I have a court order that states I (mother) have "sole legal custody" BUT both parents have shared physical custody. Can I apply for a passport without the dad? Can I travel internationally without consent from dad? Answer: Since you have sole legal custody, you may apply for the child's passport without the father's consent. His consent will also not be required to travel overseas.

Child passport denied by: Anonymous Question: I have sole legal custody of my child. I provided a copy of certified orders that state " mother has sole legal custody." I received a letter from the passport agency stating both parents did not sign the passport application please provide a copy of the orders showing you have sole legal custody, a copy of a certified letter signed by the father. I have provided a clear copy now twice showing I have sole legal custody. The passport office won’t specify what else is needed. I reached a passport person via phone but they can only give general info. I’m lost and don’t know what else I can do. Answer: You may be able to get better answers by sending an email to NPIC@state.gov.

My child's minor passport by: Anonymous Question: I have sole custody and I keep my son with my mother but his passport expired. Can I send her the consent form DS3032 authorized letter so she can apply alone with my son? Answer: I am assuming you are referring to Form DS-3053. This form is used when one custodial parent is unable to appear in person with the child. The form must be presented by the other custodial parent. Since your mother is not the child's parent, you need to provide her with a notarized statement authorizing her to apply for the child's passport on your behalf. In addition, you also need to provide proof of SOLE LEGAL custody of the child. This must be the original court order.

Father is incarcerated in another state, but I have sole legal / physical custody of child by: Anonymous Question: My daughter's father is incarcerated in another state, he did send me a typed and signed letter giving his permission for the child's passport. I do have sole legal and physical custody by the courts. Is this enough to waive the requirement for his presence to apply for the passport. He will not be released in time for her planned trip. Answer: The court order stating you have sole legal custody of the child you suffice. There is no need to submit the signed consent letter.

Court Order by: Anonymous Question: The court order granting me sole legal decision making doesn't state the minor Child's name. Can I submit another court order with the minor's name, therefore, the agency can refer to the case numbers? They match the court order granting sole legal decision making. Answer: Please contact the NPIC at 1-877-487-2778 to find out if the two separate documents will suffice to establish sole legal custody of the child.

"Primary Legal and Physical Custody" by: Anonymous Question: My divorce decree states "Mother is awarded primary legal and physical custody of the parties’ child", does this constitute "sole" custody, or does my ex need to be there too in order apply for my child's passport? Answer: Primary is not equivalent to sole legal custody. The other parent's presence/notarized consent is still required.

Can it be what they print or stamped by: Anonymous Question: I have sole and legal custody of my child. I went into court and they just printed out the forms for me. Can that be submitted for the passport or does it have to be original with seal and all? Answer: You must submit the original or a certified copy of the court order.

Question by: Anonymous Question: My ex-husband and I are from another country. My daughter was born in the US. She has the right to a birth certificate from my country but I need my ex-husband's documents and signature since we don't have a court order. He moved to another state when she was only 2 months old and we eventually got divorced soon after. My daughter has been living with me since then. I've been asking him to renew his passport which expired before she was born. He tells me he is going to do it but never does. There are other things that make him not a well-fit parent. He rarely sees her, he doesn't provide the documentation necessary in order for her to get her birth certificate and passport, and he doesn't help much with anything. I wish I could have full physical and legal custody of her and he could have visitations. Is this possible? Will the court give me custody? My intention is to support my daughter and not have her father's irresponsibility keep her from succeeding. Answer: Please speak to lawyer regarding your concern.

"Temporary" full legal and physical custody by: Anonymous Question: I have had a "temporary" court order granting me full physical and legal custody since 2015. The whereabouts of my child's mother are not known at the moment. Will I be able to get a passport with the court order from 2015 that granted me full custody even though it is "temporary"? Answer: The answer depends on when the temporary order expired. If it is still in effect 7 years later, you may be able to use it to apply for the child's passport.

Going through divorce but hasn’t been finalized yet by: Anonymous Question: I’m in the middle of a divorce. Our divorce papers state dad is awarding me sole custody however court hasn’t happened yet due to covid and the backup. Will this document from my husband's lawyer stating that he is awarding me sole custody work for my son's passport or will I need more? Answer: No, it will not. The order awarding you SOLE LEGAL CUSTODY must be issued and finalized by a court judge. Since the father is cooperative, you can instead have him sign the consent form for the passport application. The form must be notarized and submitted with a photocopy of the father's ID.

Final legal decision making authority by: Anonymous Question: I have a court-ordered agreement with the father of my children stating "joint legal decision making with mother have final legal decision-making authority". If the father refuses or can't be contacted to fill out the form will this order suffice for me to continue the passport process for my children? Answer: Since it does not clearly state that you have SOLE LEGAL CUSTODY and just have final legal decision-making, it might not suffice.

Passport by: Anonymous Question: Does the divorce papers have to state specifically that I have the right to obtain passports etc. for my minors if I was granted sole legal and physical custody? Answer: You need to provide clear proof that you have been awarded sole legal custody in order to get passports without the other parent's presence or consent.

Sole custody by: Anonymous Question: I sent my daughter's application with her dad signing the application as well. But he has an expired ID. We had a divorce 3 years ago and it states that I have sole custody of both of my children. Can I send that so that my daughter's passport can be released without having to send her dad's id? Answer: If your order says you have SOLE LEGAL custody (not just physical) of the child, you may send it in to prove that the father's consent is not required.

Full custody from birth by: Anonymous Question: The law in Ohio says that an unmarried woman who gives birth to a child has legal custody of the child automatically. I've never been married and my daughter has been with me since birth, her dad is on the birth certificate but we are not together. What document can I obtain to show full custody if it was automatically granted to me by law from birth? Answer: Federal laws govern passport issuance, not state laws. We recommend that you speak to a lawyer to find out how you can get proof of sole legal custody of the child. Alternatively, since you share custody with the father, you can ask him for a notarized consent that you can submit when you apply for your child's passport.

Minor passport by: Anonymous Question: I have an order from the attorney general regarding custody and rights. I am the primary managing parent and the father only has possessory rights. The list of rights under my name does not specifically list "obtain passport". I received a letter requesting consent from the father, but all of the rights are listed under me and my name. The attorney general’s office just didn’t spell out passport and per the letter, it was not signed by a judge. It was all done through their office. Their copy also does not have a judge’s signature. Why was it still denied? Can I resubmit and note this detail for approval? Answer: You need to secure a court document clearly stating you have sole legal custody of the child to satisfy the requirements for a child's passport.

Sole legal and physical custody by: Anonymous Question: I was granted sole legal and physical custody of my daughter but I am being told that because the father is on the birth certificate I still need his permission. Is this true? Answer: If you can provide proof that your have sole legal custody of the child, you do not need the other parent's permission or presence for the child's passport application.

I'm a sole manager by: Anonymous Question: I'm trying to get my daughter's passport. I am the sole manager of my daughter, do I have to notify her father? Answer: If by sole manager you mean you have sole legal custody and have documentary proof of such, there is no need to contact the father for consent.

Passport by: Anonymous Question: I have legal, not sole custody of my 11-year-old daughter. I have no idea where her father is. I haven't seen or spoken to him in about 3 years. Can I get my daughter's passport? Answer: If you do not have sole legal custody of the child, you still need the father's presence or consent for the passport application. If you cannot contact the father for consent, you may try to submit Form DS-5525 with a thorough explanation of the situation and proof of your efforts to contact the other parent. However, there is still a chance that the application will be denied.

Forget signature / possible ID for my daughter by: Anonymous Question: Hello. I recently applied for my daughter's passport. We live in a different state from her father. So we traveled back to where he is because he refused to come to her to get her a passport. He was being very difficult for the process. We filled out applications, etc. We were almost finished the post office got crowded and the lady that was helping us was getting yelled at by the supervisor saying she’s moving too slow and that we had to wait because it was well after our appointment time and it was time for the next appointment. So she told us to wait all we had to do was get her picture. We eventually got that done. But I just realized she only had me sign I asked her father if he signed he said he only did the application process. And he is not sure if she made a copy of his ID because she was being rushed. So if he didn’t sign and his ID is not with the paperwork what can we do? Answer: If there is something missing with the application, passport services will reach out to you with instructions.

I dont have sole custody by: Anonymous Question: I applied for my 11-year-old son's U.S. passport. I forgot to add the divorce certificate. I don't have a custody document. But I got notarized consent 3053 form from my ex. Today I received a letter that is saying "If your parents were married to each other and are no longer together, examples of such evidence might include: ➢ ➢ ➢ A custody decree or divorce decree addressing custody; The death certificate of your non-U.S. citizen parent; or A statement from a competent authority (such as a court or state agency) certifying that your state or country of residence presumes that you are in the legal custody of your U.S. citizen parent. A letter from an attorney citing the statute is also acceptable if accompanied by a photocopy of the statute. I discussed this with my Ex husband. He is living in Dubai and he is willing to give a written affidavit. He also wants to give sole custody that shows during entry of us to till now he has no objection and giving sole legal custody. Is this sole custody will be acceptable for child's passport? Answer: The notarized DS-3053 should have been accepted even without the divorce decree. If you would like to proceed with a custody order, it should be issued by a family court in the United States clearly stating that you have sole legal custody of the child. Please contact the NPIC at 1-877-487-2778 for more information.

Renewing passport of a minor sole custody by: Anonymous Question: I am a single mother living abroad away from my child's father. I need to renew her passport. I have an attested document stating that I have "been awarded sole custody of the parties' child; and as such, Mother has the sole rights and responsibilities to make major decisions concerning the child." None of my documents specifically state "sole legal custody". Is the above statement considered a legitimate declaration of legal custody that will allow me to renew my daughter's passport without her father's presence/ consent? Thank you for the help. Answer: Please contact a lawyer to discuss what "major decisions" cover and possibly get a document to specify that obtaining a passport is one of those. You may also contact the NPIC at 1-877-487-2778 to check if your document in hand is sufficient.

Both court order and DS-5525? by: Anonymous Question: Do I need to bring both the court order and the completed DS-5525? I'm a little nervous as we are abroad and my child's passport expires in 7 months. I have a court order stating the father's rights were revoked (obtained since the last time we got her passport), so I haven't tried to contact him because I didn't think it was necessary. There is a question on the DS-5525 asking if there is a court order, but it also asks how and when you have tried to contact the other parent. So I'm a bit confused. Answer: If you already have proof that you have sole legal custody of the child, you do not need to submit DS-5525.

Minor renewal of passport by: Anonymous Question: Me and his father was divorced and I don't have contacts or communication with my ex-husband. Can I renew my child's passport? Answer: Unless you have proof of sole legal custody of the child, you need the father's consent to apply for a new passport.

Passport by: Anonymous Question: I have temporary custody of my child, am I allowed to get his passport for him? Answer: You need to present a court order awarding you SOLE LEGAL CUSTODY of your child in order to apply for his passport without the other parent. It cannot be a temporary order. Please contact the NPIC at 1-877-487-2778 for more information.

Residential and legal custodian by: Anonymous Question: I have 2 children. One child's father is in jail and the other's I have no knowledge of for 5 years. The only court order documentation we have is child support. In both cases, it states I'm the residential and legal custodian. The Ohio revised codes state they no longer use sole custody but instead use parental rights and responsibilities. Am I still able to purchase their passports? What else do I need? Answer: Federal laws are different from state laws. We recommend that you speak to a lawyer to find out if you can get a documents stating that you have sole legal custody of the children to avoid issues when you submit passport applications.

Minor's Passport by: Anonymous Question: I want a passport for my minor child under 15yrs. On the birth certificate, the father's information was incorrect so we applied to the court to fix it. Upon name search by the court, they found out the that child was born before my divorce from my ex was final, even though we have been estranged for over 5 years. Court says by law he is the legal father because any child born before or within 300 days of the divorce belongs to that marriage but his name is not on the BC. The BF (real father) is on the BC but by law, he is not considered to be the father. We have to travel with the child for 3 weeks and urgently need a passport. I cannot leave him behind. Can I apply for the passport as a sole parent using DS-5525 since the ex is on BC and is nowhere to be found and currently listed father is not legally the father by law? Paternity needs to be established by the court which may take months or years. Thanks, waiting for the answer. Answer: It's a complicated family issue but since the birth certificate still has the biological father's name, you (both parents) may apply for the child's passport without involving your ex. Alternatively, you may apply using Form DS-5525 and provide documents to prove the child's complicated family circumstance. However, there is a possibility that the application will be denied.

Illinois Custody by: Anonymous Question: In our child custody paperwork from Illinois, the section has verbiage: "For purposes of all State and Federal statutes that require a designation or determination of custody or custodian, the Mother is designated as custodian". Will this suffice? Answer: It might but we recommend that you consult a legal expert or contact the NPIC at 1-877-487-2778 for a more definite answer.

Original documents or will copies suffice? by: Anonymous Question: We applied for my 16-year-old daughter's passport. Her father is deceased. We were divorced and I am remarried. We received a letter from the Department of State stating the relationship between her and the parent has not been established. They want us to submit evidence of legal name change, I guess for myself. I can submit a marriage certificate, but does it need to be the original or can it be a copy? Also, will they want an original death certificate for her father as well? They did not mention that either. Will I need to send in my divorce decree with her father even though he is deceased and we are no longer married? Answer: At 16, only one parent is needed to apply for the minor's passport. There should be no need to submit the father's death certificate. The Department of State generally requires original documents but since this is your child's application, different rules MAY apply. We recommend that you contact the NPIC at 1-877-487-2778 to confirm.

Documents of proof by: Anonymous Question: When I applied for a passport for my child without court documents, the paperwork was returned in 2 weeks, but when submitting proof of legal custody for my other children, it's taking over a month and counting, even though their passports have already been issued. Question: Do the court docs have to go through lawyers, issuing court for verification? What is the actual process these documents go through before they're returned to me? Thank you. Answer: All supporting documents go through final review by the Department of State. Your children's documents should be in the mail soon.

Can I use copy or must be original? by: Anonymous Question: I have court judgement stating I have "Sole Legal Custody". Do I need to have the original copy to prove or I can use a photocopy? Answer: You must submit the original document.

Toddler passport by: Anonymous Question: My child’s father signed the ROP and is on the Birth Certificate but I am the only one with legal custody, does he still need to be present? Answer: If you can provide proof that you have sole legal custody of the child, the father does not have to be present when the application is submitted.

Sole Caretaker-Never Married by: Anonymous Question: Hello. I am the sole caretaker for my 9-year-old in Florida. Her father and I have never been married. He is on the birth certificate, but do I need his signature to get my daughter a passport? Answer: Unless you have official paperwork stating you have sole legal custody of the child, you need the other parent's consent to apply for the child's passport.

16years old flying to US by: Anonymous Question: My 16-year-old son is going to the US as an international student. We are divorced, and I have sole custody in my country and my ex is living overseas. Does he need to show parental consent from both parents when entering the US? Answer: Please contact the CBP regarding requirements for entry into the United States.

Consent form? by: Maxwell77 Question: My son’s birth certificate was amended after he turned 1. In Oklahoma, the law states that a single mother has sole custody at birth or until a court order is established. Paternity was established which is the only case file between his father and me and waiving all child support. Since I have sole custody and his father now only sees him every few months, would I still need a consent form signed by his father for him a passport? Answer: Yes, the father's consent is still required unless you can provide a court order awarding you SOLE LEGAL custody of the child.

obtaining passport for minor children by: Anonymous Question: I have two children with my ex. I have primary custody, he has supervised visits. He hasn't seen them in 4 years and we have had no contact with him during that time. There is a history of domestic violence so I've had a protective order and the child support court has a family violence order on our case as well so we aren't around each other and my info and the kids are kept private, is this sufficient to file with the special circumstances form? Do I need to obtain something from the Attorney General's office showing the order on our case as well? We have a wedding for my stepdaughter in Mexico next year so I need to get their passports. Answer: You may apply with Form DS-5525 and submit any and all documents that may support your statement. A copy of the order from the courts would definitely y help your case.

Single mother wanting to travel by: Anonymous Question: The bio father of my child was never present at birth and hasn't met his son. He has not filed for paternity. He is not on the birth certificate. We were never married. Can I apply for a birth certificate solely and travel internationally with only my consent and no consent from the absent father? Is there anything extra I'll need to do when traveling out of the country to sometimes several countries in a trip? Answer: If you are asking if you can apply for your child's passport then yes, you can. The birth certificate listing you as the only parent is sufficient proof of sole legal custody of your child. You will also not need any special documentation other than the passport and the child's birth certificate when you travel.

Defacto Custody by: Anonymous Question: I obtained my now 4-year-old son's passport when he was 3 months with the original birth certificate which did not have his father's name on it. My son has my last name. Later, my son's father took me to court to prove paternity which I acknowledged, and his name was added to the system. There was never a motion filed for custody or visitation. My son's father did not show up to court for child support and the order for child support was thrown out of court. I don’t know where he lives nor have I seen him in over 3 years. Can I renew my son's passport with the original birth certificate without his father's name? I don’t have any official documentation from the court showing I have sole custody. I have sole custody by de facto. Answer: Since paternity has been established by the court and the father was added to the record, the old birth certificate may no longer be valid. You will have to confirm this with your lawyer though because we are not legal experts. As a general rule, both parents share legal custody unless otherwise ordered by the court and proven through a court document. You may also contact the National Passport Information Center at 1-877-487-2778 regarding the issue.

Physical custody by: Anonymous Question: I have sole physical custody of my child. Do I need her father to apply for her new passport? Answer: Yes. Since you still share legal custody of the child, you need the father's presence or consent to apply for the child's passport.

Legal physical custody with extra circumstances by: Anonymous Question: I have a 6-year-old and I divorced his father. In the divorce, I do not have sole custody by physical custody. The divorce says specifically on any disagreements "I have final decision-making authority". He also disappears and is very hard to contact. If I fill out DS5525 and attach a copy of the court order will the suffice? Answer: The document you have may suffice but the approval will be from the agent that examines the application. There may be some questions regarding SOLE LEGAL custody. Even the "disagreement" part may be an issue since there has to be a disagreement from the other party for you to step in and make the final decision. You can try submitting DS-5525 but keep in mind that these applications are processed on a case by case basis. There is a chance of denial and the fees are non-refundable. It is still ideal to contact the father and secure his notarized consent for the application.

Which document do I need? by: Anonymous Question: Recently I became a US citizen and I applied for my daughter's US passport. But they are asking for sole custody documents. We never got married and never went to court to discuss custody. She lives with me. What can I do in order to get her passport? Answer: You need to formalize your custody agreement with the other parent through a court order. Once you have this, you may apply for your daughter's passport. Another option is to ask the other parent for a notarized statement of consent plus a photocopy of his/her ID to submit with the application.

Supporting Documents by: Anonymous Question: Hello, I have an order stating I have sole custody of my son and it is stamped by the courthouse, is this sufficient to obtain a passport? Answer: If the document states that you have SOLE LEGAL custody of the child, then yes, you may use it to obtain a passport without the other parent. Otherwise, you still need the other parent's presence or consent for the child's passport application.

Ohio divorce decrees and sole legal custody by: Anonymous Question: My divorce decree from Ohio states that "the parental rights and responsibilities for the care and maintenance of the minor children are placed with (me)". Ohio no longer uses "sole legal custody" and is using "parental rights and responsibilities" instead, as listed in the Ohio Revised Code. Since I have a divorce decree granting me sole legal custody (using Ohio's legal language), is that sufficient to apply for passports for my children without their father's notarized consent? I'm assuming an Ohio passport office would be familiar with this language in Ohio divorce decrees. Answer: It should be accepted but I recommend that you contact the National Passport Information Center at 1-877-487-2778 for clarification.

Sole Legal and Physical Custody by: Anonymous Mommy Question: I was granted Sole Legal and Physical Custody at court and given a document that states that. The document has the court info along with the case number and it only has the judge's signature, not even the judge's name is stamped and the document is not notarized. Would this document suffice as proof of Sole Legal Custody? Answer: That document should suffice.

Passport by: Anonymous Question: In my state, I have sole custody with physical placement. It does not say the word legal on my custody agreement. The father hasn’t been around in a few years. Do I still need him to get a passport? Answer: Unless the paperwork clearly states that you have sole legal custody of the child, the father needs to provide consent for the application. If you cannot contact him, you can submit Form DS-5525 and explain the circumstance in as much detail as possible. Note, though, that applications on this nature are processed on a case by case basis.

Father signed birth certificate but does not have any rights to child, per MA law. by: Anonymous Question: My son’s father signed the birth certificate, however per MA he has no rights to my son and there is no court order established. Do I still need his permission to obtain a passport? What would need to be given since no custody order is established? Answer: The rule of thumb is that federal daw takes priority over state law. This means that while MA law says the father does not have rights, his consent is still required for your child's passport application. This is because his name is on the birth certificate. If you want to uncomplicate the matter, you need to petition the court for SOLE LEGAL custody. Or you can just ask for the father's notarized consent and a photocopy of his ID to submit with the application.

Father name by: Anonymous Question: Do I need to put my child's father's name on the passport application if I have full custody? Answer: If the father's name is on the birth certificate, you need to enter his name in the application form. Just submit proof of SOLE LEGAL custody so his consent will not be required.

Consent? by: Anonymous Question: Do I need consent from my daughter's father if I have legal and physical custody of my child? Answer: If you have SOLE LEGAL custody of the child and have proof of such, the father's consent is not required for a passport application.

Passport Sole Parental by: Kc Question: Hi, I have a sole parental for my child, and my ex can't travel with the child without my consent, is there any way to put a restriction on the passport? Answer: You have to contact a lawyer regarding what you want to do.

CONSENT & ID by: Anonymous Question: The second parent can provide consent but is unable to provide a U.S. identification. What can I do in this matter? Answer: If he/she has an ID issued by a foreign government, he/she can use it instead.

passport for my daughter by: Anonymous Question: I am a US citizen by naturalization. My 10-year-old daughter is a legal resident. I am divorced from the father. I need a passport for my daughter. I have a father's consent. My daughter has lived with me since I immigrated to the US 8 years ago. My divorce doesn't talk about custody. Answer: Looks like you have everything in order. You may submit your naturalization certificate as proof of derivative citizenship for your daughter's passport application. You will need her foreign birth certificate (translated if it's not in English) as proof of parental relationship. The father's consent must be notarized and needs to be submitted with a photocopy of his government-issued ID. Add a photo, Form DS-11 and payment for fess and you're all set. Bring the child to a local acceptance facility when the application is submitted.

Physical custody only by: Anonymous Question: I only have physical custody, do I need the mother’s signature for a passport? Answer: Yes. If you cannot present proof of sole legal custody, you need the other parent's consent for the child's passport application.

Passport by: Anonymous Question: Do I need a certified copy of custody agreement where it says I have SOLE custody of my children to be able to get them a passport or will the original judgement with the judge's signature do? Answer: The original or a certified copy of the document specifically stating that you have SOLE LEGAL custody of the child is required.

Divorce decree by: Anonymous Question: I used my divorce decree that says I’m the fit parent to have custody and that my ex gets supervised visitation at my discretion. My daughter's passport application was rejected because it needs to have the wording sole physical custody? Would I have to get a new document from court? Answer: You need to have a court order/document stating that you have SOLE LEGAL (not physical) custody of the child. Otherwise, the other parent's presence or consent is still required for the child's passport application.

Clarification by: Anonymous Question: Hi. My daughter’s passport has expired early this year. Due to covid I did not rush into renewing her passport assuming things might be delayed. I read in the requirement that the father has to be present. However, the father hasn’t been present for the past 5 years and he lives in a different continent. Will a copy of my full custody order be enough for renewing her passport? Answer: If the custody order states that you have sole legal custody of the child, you do not need the father's presence or consent for the application.

Sole Decision Making Responsibility by: Anonymous Question: My court docs state that I have sole decision making responsibility for all major decisions regarding our children. Do I need him (my ex husband) to come in to renew my kids passports? They both have had passports previously that expired in March of 2020. Also, one child is 16 and the other is 12. I believe my 16 year old can renew on her own? Answer: Passports issued to minors cannot be renewed. You need to apply for new passports for your children. If the 16-year-old already has his/her own government-issued ID, only one parent's consent is required. However, for 12-year-old, you need to present proof of SOLE LEGAL CUSTODY. We cannot ascertain if the document you have will be acceptable in place of sole legal custody proof, though. Please contact the NPIC at 1-877-487-2778 for an answer to this particular question.

I need to know by: Anonymous Question: I have sole physical custody of my children. Do I still need the father to get a passport for my children?? And if he refuses to help me, how can i still get my kids a passport? Answer: If you also have sole legal custody and have the court order to prove it, you do not need the father's consent. If you do not, you need to petition the courts for sole legal custody. The father refusing to consent for the passport application is not grounds for applying under exigent family circumstances.

Passport/ travel authorization by: Anonymous Question: In my extrajudicial agreement it was established "The parties agree that the Mother shall have SOLE DECISION-MAKING RESPONSIBLY AND AUTHORITY to enable her to obtain PASSPORTS, travel visas and travel authorization. Can I obtain the passport with this documentation? Answer: Yes, you can.

Documents required by: Anonymous Question: I have an order stating I have Physical and Legal custody of my son. Which for my understanding this will be the same as "FULL CUSTODY or SOLE CUSTODY" However, will i have any issues if the order does not states "SOLE CUSTODY"? Answer: Questions may arise depending on the details in the court order.

Passport by: Anonymous Question: My ex-husband is on my daughter's birth certificate. However in the divorce decree I was awarded legal custody with him having no visitations or parenting time. Do I need him to be present in order to obtain a passport for my daughter? Answer: If the paperwork states that you have SOLE LEGAL custody, you do not need the father's presence or consent to apply for your child's passport.

Passport needs by: Anonymous Question: I was never married to the father of my three kids when they were born. He did sign the Minnesota Voluntary Recognition of Parentage form for each child in the hospital. Do I still need their father to be present to obtain a passport for a cruise? Answer: Yes. If the father cannot be present, he needs to provide consent for each child's application.

Passport by: Anonymous Question: I share custody with my son's mother but I have sole legal custody of him. Do I still need her permission to get him a passport? Answer: No, you do not. Just submit proof of sole legal custody with the rest of the application requirements.

Sole legal custody but joint physical custody by: Anonymous Question: I have two kids with my ex husband, on my divorce decree, it shows I have sole legal custody and we have joint physical custody. Do I still need him to fill out a consent form before I can renew my children’s passports? Answer: Since you have proof of sole legal custody, the father's consent is no longer required when you apply for your children's new passports.

Passport for Child by: Anonymous Question: I am the sole legal guardian of my 18-month-old. His father is on his birth certificate, however, I have been awarded Sole legal and physical custody. Do I require consent from his father to brain a passport? Answer: If you can submit the court document stating that you were awarded sole legal custody, the father's consent is not required.

Passport paper by: Anonymous Question: I'm a single mother and with a child born out of wedlock I do have court paper showing I have physical custody would I be able to apply for my son passport?? Answer: If the court document does not state that you have sole legal custody and the father's name is on the birth certificate, you need his presence or consent to apply for your child's passport.

Son's father has warrant for his arrest butt he fled the country by: Anonymous Question: My son's father has a warrant for his arrest after physically abusing me and our child. He was an adult and my child and I were still minors when this happened. We did go to court for the abuse but I don't have paperwork saying i have sole custody. I now want to get my son his passport. What can I do? Answer: You may submit Form DS-5525 plus some paperwork regarding the abuse case. These must be submitted with the rest of the requirements for a child's passport.

Getting kids passports by: JG Question: I am an unwed mother of twins. Their father's name is on their birth certificates, and he has never been involved in court order for no contact, but the law states that I'm the legal guardian and that that he has no right. But how does this affect me getting my kids passports? Answer: Federal law applies in passport issuance. If you have a court document that states that you have SOLE LEGAL custody of the children, you can apply for their passports without the father's consent.

What documents are needed by: Anonymous Question: I am a grandmother getting ready to take my grandson abroad for a week. My daughter has given me full permission, and I told her I would cover the costs of the passport; however, she was unmarried when she had my grandbaby and the father was not initially put on the birth certificate. Later, child support enforcement added his name to the birth certificate in order to get child support. They did not go to court and have no document stating that he has any other rights such as partial custody, visitation, etc. He was merely put on the birth certificate so child support could be collected. Will it be necessary for her to get permission for her son to go with me on a trip, even though she will be the one with me filling out all of the passport information for him? The only thing that has changed is that he has been added to the birth certificate, but no court documents outlining visitation and custody. Thank you. Answer: Since the father's name is on the birth certificate and you have nothing to prove otherwise, legal custody is shared by both parents. This means that the father's consent is required to apply for the child's passport. His written permission may also be required to take him out of the country depending on your destination's requirement.

Travel by: Anonymous Question: My daughter's father is not on the original birth certificate and I took out their passport with just my name on the birth certificate this year. He has been sent to child support. There will be no change of last name but he will be on the birth certificate now. Even though the passport was taken with just my name on the birth certificate, will i need his permission to travel to the Dominican Republic with them? Answer: The answer depends on the custody order you were provided. If it states that the father needs to consent for overseas travel, you need to secure a document proving that he consents to the trip.

Other parent sign by: Anonymous Question: I was deemed the residential parent over my children through the courts through my child support. Would I still need the other parent signature? Answer: Unless you have proof of SOLE LEGAL custody, you need the other parent's consent for your child's passport application.

Passport by: Anonymous Question: I have sole legal and physical custody of my 5-year-old. Her father's name is listed on birth certificate, where would I obtain papers to show proof I have sole custody to get the passport without the other parent? Answer: Sole legal custody is usually awarded by a family court. You should speak to you lawyer or go to the court which awarded you sole legal custody of your child.

Reasonable access by: Anonymous Question: I have sole custody and joint guardianship of an 11 year old. The biological father does not exercise his visitation rights and therefore with regards to access (visitation) the court order was switched from a fixed access schedule to "reasonable" access. 1) Does access/visitation arrangements effect the application? 2) do I require his consent to apply for my child’s passport? Answer: 1. It should not. 2. If you can provide paperwork stating that you have SOLE LEGAL custody of the child, the father's consent is no longer required.

Child Passport by: Anonymous Question: If my child’s father’s name is not on the birth certificate, do I still need him to get a passport for the child? Answer: No, you do not. The birth certificate listing you as the only parent should be sufficient proof of sole legal custody.

Question by: Anonymous Question: I have a family violence indicator filed through child support that keeps my ex from seeing my address as he sexually assaulted our daughter. I don't have his address or any contact information, he blocked me on social media. I did just manage to obtain child support but they won't give me his contact information. There is an open child abuse case against him, but he never uses his real home address for anything so the police have never been able to interview him. It also means I can't serve him with a restraining order. He has a work address only open on weekends. I am also actually worried about any further contact. The mediation for child support, he had agreed to no visitation or custody but I don't have any legal documents saying it. Would the case documents for the abuse and the family violence indicator be enough for the ds5525? Answer: Yes, what you have should suffice.

Sole legal and physical custody thru a RO of 2 years by: Maria consuelo Question: I have sole legal and physical custody of my child. We are not divorced yet but he have a restraining order where the court give me sole custody. He has visitations. I want to visit family at the border by land we have a Sentri pass. #1- Do I need his consent to get my child a PASSPORT?? #2-Does he have to know I'm taking my child for a trip? (2 days) Thank you. Answer: #s 1 and 2: Since you have sole legal and physical custody, the father does not need to be involved.

Divorce decree in foreign language by: serena Question: Hi, I have a 5-year-old kid and my kid needs to get a renewal of a U.S. passport. My kid was born in US (and thus US citizen) and both parents are on his birth certificate. Both parents are not US citizens and we divorced a couple of years ago and I got the sole custody for my kid. We went through the divorce process through foreign government (my home country) and all the divorce document is written in foreign language. I have a divorce document stating that I have a sole custody. This means that I do not need a consent from my ex-husband for renewing my kid's US passport? In addition, do I need to provide the translation for the divorce document to prove my sole custody? Answer: Yes, you need a certified translation from a reputable translator is required.

Domestic violence by: Anonymous Question: Hi. I’m a US citizen mother, filled for my minor daughter's immigrant visa which got approved. However I recently filed a case of domestic violence against my husband and his family in INDIA where I’m presently residing. My husband is abusive and an alcoholic. I’m currently separated from him but don’t have any court orders at the moment. 1. Can I fly to US with my minor child without the fathers consent ? 2. Can I apply for my daughters American passport when I’m in US if I have proof of him being physically abusing me. Thanks in advance. Answer: 1. The need for a consent depends on exit requirements imposed by the Indian government for traveling minors. 2. You need to legal documentation regarding the domestic violence case to support your claim of exigent family circumstances. You can submit these documents with Form DS-5525 and the rest of the requirements for a child's passport.

Sole Custody by: Anonymous Question: I have sole custody of my 2 year old daughter. We're traveling to Mexico in 2 weeks and I want to know if I need a signed notarized letter from her father. He is not on the birth certificate but has his surname. Is there any problems on taking her out of the country if she doesn’t have my last name? Thank you 😊 Answer: The father's consent is not required since his name is not on the birth certificate. The child bearing his last name should not be an issue.

N-600 form or will a US passport suffice? by: Anonymous Question: I just got US citizenship through naturalization. I want to apply for a US passport for my 12 year old daughter, who is now a US citizen through me. She is a permanent US resident. I’m divorced from her biological father who is named on her birth certificate but I have physical and legal custody of my daughter as indicated in my divorce decree. So my questions are two: do I need to get her a certificate of citizenship through USCIS N-600 or would applying for a US passport suffice as proof of her derived US citizenship through my naturalization? Also, I do have my divorcee decree that states that I have physical and legal custody of my daughter but it does note use the word "Sole" in it. Will this suffice for me to get the passports or will I still need to get permission from her biological father who lives abroad? Answer: 1. Certain conditions must be met to transmit U.S. citizenship to a child. Please contact the USCIS regarding this. 2. The decree should specifically indicate that you have SOLE LEGAL CUSTODY. If it does not say so, you need the father's consent to apply for the child's U.S. passport.

Sole legal custody by: Anonymous Question: Hi, I have sole legal custody of my 2 (almost 3)-year-old. I have the parenting plan decree and divorce decree where it states that I have sole legal custody. I went to get his passport card yesterday and the lady accepting the application said the father of my child still has to be there to sign and also sign a notary saying he is okay with me taking my son to Mexico. Can you please help me? Answer: If the decree awarded you absolute sole legal custody of the child, it should have been sufficient for you to apply for your child's passport without the father. As for traveling to Mexico, you need to contact the Mexican Embassy for the latest regulation on traveling minors.

Temporary Sole custody by: Mercedes Question: Per my divorce decree, the judge gave "temporary sole custody" because the father's whereabouts are unknown. My estranged spouse and I separated almost 10 years ago. How do I go about obtaining a passport for my son? Answer: If the custody order was only temporary, you need to seek permanent sole legal custody of your son in order to apply for his passport without needing the father's consent.

Passport for a 2-year-old by: Anonymous Question: I have sole physical custody and the dad and I have joint legal custody of our 2-year-old daughter. The dad had a felony and in arrears of $17,000 in child support. I want to travel out of county to Mexico with our daughter. Would he be able to obtain a passport under these conditions? Answer: Since you share legal custody of the child, you need his consent to apply for the child's passport. His criminal record and child support status does not nullify his rights to the child.

Passport by: Anonymous Question: I have sole legal custody of my child. I have the finding and order after hearing with the judges stamp attached to the orders but the one I was sent in the mail is stamped "copy". Is that enough? Do I have to submit a certified copy from the courts? Or is my copy fine? Answer: It should be acceptable. Passport services will contact you if there are any issues with the application.

Sole decision & full custody by: Emm Question: My 8-year-old has no contact (legally not allowed due to neglect) with her biological dad who is listed in her birth certificate. I have a court order that states I have sole decision making authority on major decisions. There is no visitation and no contact which is stated in the court order in best interest of the child. Is this enough to submit for a passport? And would I need additional material other than the certified plan for both passport and border crossing? Answer: What you have should suffice.

Passport by: Anonymous Question: If obtained sole custody of my daughter in NY (other parent does not have visitation rights) and I moved to Florida, is the sole custody order also valid in Florida? I was able to renew her passport in NY before we moved with my custody paper and did not need to notify the other parent, will it be the same in Florida? Answer: Please speak to your lawyer regarding the provisions of your custody order.

Mother of minor by: Anonymous Question: Per TN state law, the mother has sole custody without having to go to court. Would citing this law not be sufficient to get a passport for the minor child? Answer: Passport services is under the federal government so its laws apply over state law. You still need to provide documentary proof of sole legal custody to apply for your child's passport.

Question and really need a answer by: Anonymous Question: I went to try and get my 9-year-old daughter her passport. I have the paperwork from the court saying "I have a sole legal and residential custody of a minor" and the lady working in the office said I cannot get the passport for my daughter and that I still need her father's signature. I don’t understand why because the lawyer in the court said that I don’t need her father's signature. What should I do? Answer: I suggest that you ask the agent to review your case or that you apply at a different facility. Also, please make sure that you submit the original court order stating that you have sole legal custody of the child.

Temporary Custody by: Anonymous Question: I have a NON-CLETS order with my ex husband and we cannot be in the same area within 100 yards. My daughter needs a passport and she is 15 years old. I also have temporary Physical and Sole Custody of my daughter. What do I need to do to apply for a passport? Answer: You may submit Form DS-5525 and a copy of the restraining order with the rest of the requirements for a child's passport.

Passport by: Anonymous Question: I have a court order that specifically states I have exclusive right to apply for my 3-year-old's passport, it also states my ex and I are joint managing conservators of my child. My question is: I can apply for her passport with that court order and nothing else, and without non-custodial parents presence or notarized letter, correct? Answer: Yes, you are correct.

Sole custody by: Anonymous Question: I obtained my son's passport in 2014 after I received a court order granting me sole custody of him. Two months ago (Dec. 2018) the father of my son took me to court to modify visitation. Visitation was modified and I kept sole custody but the court said it would take longer to give me an original copy of the modification made in court that day. I was in a hurry to go to work so I left without the new order. I still have the order granting me sole custody from 2013, is that good enough to get my son's passport renewed? Answer: It may be best to obtain the latest (modified) court order before applying for your child's passport.

Sole custody by: Michey Question: My court paperwork says I'm the custodial parent and the child shall reside with me at all times. Does that mean I have sole custody needing to get a passport for her? Answer: Physical custody is different from legal. If the court documents also says that you have SOLE LEGAL custody, you may apply for your child's passport without the father.

Need advice by: Anonymous Question: I have a 1-year-old son. My problem is I want him to get a passport but his surname was named by his father( ex-boyfriend). Do I still need his father consent or not? Thanks 😊😊 Answer: If the father's name is on the birth certificate, you need his consent to apply for your child's passport.

Help me please by: Anonymous Question: My 23-year-old daughter is trying to get her passport. iI brought her to the U.S. when she was 3 and was adopted by her stepdad. Now I am having issues proving that she was in my custody even though the adoption papers indicated that. I received my citizenship in 2008. Answer: Before applying for a passport, your daughter needs to establish her claim to U.S> citizenship. In order to do this, you need to contact the USCIS.

Passport for a minor with temporary sole custody by: Anonymous Question: Hi, I have temporary sole custody for the last 3 years for a minor. My daughter's old passport is expiring so I have to file for a new one. Father is not allowed to be anywhere near the daughter by the court order. So I cannot have him to sign for passport renewal. Just a copy of court order is good enough for passport? or it needs to be certified? Answer: In addition to the requirements for a child's passport, you need to submit a copy of the restraining order and Form DS-5525.

Travel with minors by: Anonymous Question: Does the same apply for travel? If I have minors' passports and have papers stating sole legal custody and have informed biological father that we are travelling, may I travel to Germany with a return ticket without further documentation to a notarized custody agreement and passport? Thank you. Please direct me otherwise if necessary. Question: You should not need any other documents. Please contact the German Embassy to confirm.

Primary legal custody by: Anonymous Question: I have a primary legal custody and shared physical custody with my ex-bf (my son’s father) but he is in the birth certificate and I am planning to travel abroad next year with my son who will then ne 5 years old. I am planning to get him a passport. Do I need his father’s consent to get a passport? Answer: The father's consent is required unless you can provide proof of SOLE LEGAL CUSTODY.

Passport by: Anonymous Question: I was with my ex a short period of time. We stayed together until I was about 16 weeks pregnant. He questioned paternity because he was mad. He got a DNA test done which they sent to child support. He was mentally abusive and controlling of me. I stopped all communication. During the child support hearing, they asked if I wanted to add him to the birth certificate. I did not want to penalize my child, he should know who his father was. My son who is almost 7 years old now has never laid eyes on his father. Child support paperwork states primary guardianship and legal custody of mother. Do I need more paperwork for passport? I am intimidated by father so I cut off communication. What should I do? Answer: If the paperwork you have states that you have SOLE LEGAL custody, you may apply for your child's passport without the father's consent or presence. Otherwise, you need to obtain his consent to apply.

Passport for minor by: Anonymous Question: I have a parentage order that states I have custody of the child but father shall have reasonable visitations. Do I need more to get a passport? Answer: You have to be awarded sole legal custody and have proof to show for it in order to apply for your child's passport without the father's consent or presence.

Sole custody by: Anonymous Question: How can I obtain sole custody of my son if his dad was deported to another country? Answer: We recommend that you speak to a lawyer regarding custody issues.

Child father's not in picture for 12 years by: Anonymous Question: I'm wanting to get my 13-year-old his passport because we are going to Mexico to see my husband's family. My son's real father has been gone since he was 9 months old. I was never married to him and he has not seen my son since November 2005. How can I get his passport without his father? I don't even know where he is or if he is still alive or not. what can I do? Answer: If the father is on the birth certificate, his consent is required. However, if you cannot track him down, you may submit Form DS-5525 explaining the situation and your efforts to contact the father for the consent. It would greatly help your case if you can show proof of your efforts to get in touch with him about your child's passport application.

Sole legal/shared physical by: Anonymous Question: I have sole legal custody but we have shared physical. Do I need the father's consent to get a passport for the children? Answer: No, you do not. When you apply for your children's passports, please the court order awarding you sole legal custody.

My son will be 16 in September by: Anonymous Question: I have physical custody and we want to travel in August before he starts school. Can I get his passport one month before he turns 16? I don't have contact with his father. Please help. Answer: Your son can definitely apply for a passport but since he will not be 16 by then, he will need both parents presence when he applies. If the father cannot be present, you must seek his notarized consent for the application. If you cannot contact the father and have proof of your efforts to do so, you may submit Form DS-5525 Statement of Special or Exigent Family Circumstances with the rest of the application requirements. However, you need to note that applications submitted with DS-5525 are processed on a case by case basis.

Sole legal custody by: Anonymous Question: Hi I have sent in applications for both of my daughters' passports which are their firsts. I included a court order with the application showing that I have the 100% physical & legal custody of the girls. However I received a letter back from the U.S. passport office stating that they needed more info. What other information do they need if I did sent them a copy of the divorce decree order stating I have the 100% physical & legal custody of my daughters? Their father hasn’t been around for more than 6 years so I don’t understand what they need from me. Answer: Please call the National Passport Information Center at 1-877-487-2778 for clarification.

Sole custody question by: Jordan Question: I have sent in my application to have my sons passport updated. With the application I included a court order showing that I have 100% phys and legal custody. I received a letter back from the US passport office stating I needed more information. What more information can I show? I sent them a copy of the order stating I have 100% physical and legal custody. Answer: The letter should specify what other documents are required. You may contact customer service at 1-877-487-2778 for more information.

I have full physical and so custody of my 8-year-old by: Anonymous Question: I am looking to get a passport for my eight-year-old son. I have a court order that says I have full physical and sole custody of my son. On the birth certificate it has my name and his father's name. The father only has visitation rights every other weekend. Do I need him to sign paperwork in order for my son to get a passport? I am in the state of VA. Answer: If you were not specifically awarded SOLE LEGAL custody, you need the father's notarized consent plus a photocopy of his ID to submit with the requirements to apply for your child's passport.

Single mom by: Anonymous Question: I have a 13-year-old daughter whose father is not on the birth certificate nor has he ever tried to see her. He left when I was 4 months pregnant. Is there a way to get her a passport with this situation? She has my last name and as stated, he isn't on her birth certificate at all. He isn't in jail again far as I know but not sure. He has no desire to have a relationship with her at all. Answer: You may apply for your child's passport without issues and without requiring anything from the father since he is not on the birth certificate.

Putting Unknown or the Father's Name on Passport by: Anonymous Question: I am wanting to apply for a passport for my daughter. I have a sole physical and legal custody. Her father is sometimes in the picture but sometimes not. In filling out the passport can I put unknown for the father? He is on the birth certificate and document stating I have sole custody so I do not know which is best. Thank you. Answer: Passport applications must be completed with information that is true and correct. Since the father's name is on the birth certificate, you cannot place unknown on the application, even if you have sole legal and physical custody.

Sole physical custody and travel with teens by: Anonymous Question: I have sole physical custody and am the custodial parent of my 16 and 17 year old children. They both have passports. We are traveling out of the country with a church group. Do I need signed consent from the father who has joint legal custody and some parenting time. Answer: No, you do not need consents for your children.

Temporary Sole Custody by: Anonymous Question: My Husband has a TEMPORARY order granting him SOLE LEGAL and SOLE PHYSICAL custody of his daughter. It states in the papers that the only way this can be changed is by the mother petitioning the courts. This order is 2 years old and she has no petitioned the courts for anything. Will that be sufficient to get her a passport as the mother is in a homeless shelter 2 hours from our home and does not see the child regularly. Answer: The father can apply for the child's passport without the mother as long as he can provide proof of sole legal custody.

First Time Passport For Minor by: Denisse Question: I want to apply for the first time U.S. passport for my 5-year-old daughter. The father is NOT in the birth certificate. She has my last name! I haven't known where he is since I was 9 months pregnant. If I'm the ONLY parent in her birth certificate, can I apply for her passport? Is it okay to fill out the application online and print it or do I have to fill it out in person? What form do I need? Thank you! Answer: The birth certificate listing you as the only parent is enough proof of sole legal custody. You do not need anything from the father to apply for your child's passport. You may fill out Form DS-11 online and print it but it needs to be signed in the presence of a passport agent at an acceptance facility.

Custody Questions by: Anonymous Question: I want to get my son a passport. His father is on the birth certificate but has been MIA for over 4 years. We were never married, and never went to court for custody. According to Ohio Revised Code 3109.042- "An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian."- That being said, I have sole custody, but have no court order to the effect. How do I go about getting a passport for my son without his fathers signature- since I have no documentation but it is stated in revised code of Ohio that I have sole custody? Answer: Please contact an attorney regarding your concern.

Never married to father by: Anonymous Question: I have 2 children ages 14 and 16 this year that I want to get passports for. The father signed the birth certificate but we were never married. No one in the family including the kids have seen him in over 4 years. We don't know if he is dead or alive. Can I get the passports with just the above information? Answer: If the father's name is on the birth certificates, you need his consent or presence regardless of whether or not you were married. We recommend that you speak to a lawyer about filing for sole legal custody of the children, especially that of the 14-year-old. This way, you will not have issued applying for his/her passport on your own without issues. At 16, your other child may now apply for his/her passport without consent from both parents if he/she already has a government-issued ID like a driver's license. He/she will only need a signed statement of awareness from you plus a photocopy of your ID submitted with the requirements for a new passport. She will already be applying for an 'adult' passport which will be valid for 10 years.

Help please by: Anonymous Question: I have sole legal custody and sole physical custody of my daughter by the Court order but the father's name is on the birth certificate. I don't know where my daughter's father is at but in my court order paper it say he have visitation. Can I get my daughter passport without his permission? PLEASE HELP. Answer: Yes, you can apply for your child's passport without the father's presence or consent. Aside from the requirements, please submit a copy of the court order awarding you SOLE LEGAL custody of the minor.

Issues to renew my child passport by: Anonymous Question: I have sole custody of my daughter and the court paper say sole custody and also say legal + physical custody but at the end of the paper, it says both parents must cooperate to get a U.S. passport. Thats was to get her first passport. Now that I went to renew my daughter's passport, I sent the document that says I have sole custody but they sent me a letter asking me for parent's information and his signature or if I can send a proof of sole custody. Why can I not get my daughter a passport if I have a court order saying I have a sole custody? Answer: Sole physical and sole legal custody are different things. As I understand it, the court order awarded you sole physical and legal custody but applications for passports must be under the cooperation of both parents. If the order is still in effect, you need the father's presence or consent to apply for your child's passport. Please speak to a lawyer about obtaining SOLE LEGAL custody of the child to avoid issues like this in the future.

Passport by: Anonymous Question: I went to apply for my sons passport today at the post office and was told I needed proof of sole custody. His father is not listed on his birth certificate and has never even met him. Is there a way around this or another place to apply without the hassle of going to court? Answer: The birth certificate listing you as the only parent should be enough proof of sole legal custody of the child. Please point this out to the passport agent.

Child passport by: Anonymous Question: I just learned that my son has a passport without my knowledge. What can be done. He's 8. Answer: There is nothing you can do regarding the passport since it has already been issued. We recommend that you speak to lawyer about further actions you can take to prevent the child from leaving the country without your consent.

Help by: Anonymous Question: I'm a single mom and I'm about to travel out of the country with both my kids. I have never been married. I got their passport without any problems. They both have my last name and I want to know what type or form of documents I need to take them out of the country. Answer: You may bring the children's birth certificates or any other proof of sole custody when you travel. You may not be required to present these documents but it is always wise to be prepared.

Kids have different last names than mother by: Anonymous Question: My kids' have their father's last name that is different from mine. The father isn’t on the kids' birth certificates, only I am. Can I get their passport without his consent? He’s been absent since they were 2 and 3 and no idea as to where he is. I also have Court order documents stating that I have sole legal and physical custody of them that was granted in 2008 and 2009. When applying for their passport will the father be searched for or notified of passports being applied for? Answer: The father does not need to be present or be notified since you have sole legal custody. You may apply for your children's passports without issues.

Wife use a fake translation of our divorce decree by: Anonymous Question: I still have joint legal custody of my daughter but my wife used a fake translation of our divorce court decree to renew the passport for my daughter without my consent. Answer: We recommend speaking to a lawyer regarding your concern.

Passport by: Anonymous Question: I have full sole/legal custody of my daughter with court documents to show for it. I would like to get my daughter's passport but her father's name is on her birth certificate. Are the court documents enough to bypass getting his signature? Answer: Yes, the court documents that stipulate that you have sole legal custody will be enough to allow you to apply for your child's passport without the father.

Passport by: Anonymous Question: My judgement of divorce reads that I have legal custody of my son and his father having liberal rights as far as visitation can I apply for a passport without his consent? Answer: If the courts awarded you SOLE LEGAL CUSTODY of your son, you may apply for your child's passport without the father's consent.

How to get passport by: Nabi Question: The child has his last name but he's not on her birth certificate. It also turns out he's not her biological father. How can the mother go about applying for a passport for that child? Answer: You can apply for the child's passport on your own since the father's name is not on the birth certificate.

How to get passports by: Anonymous Question: I have full custody for a year because of a domestic violence case (50-B). The father's name is in the birth certificate, but I'm not sure if I need him to apply for my children passports age 12-14. -Concerned single mother Answer: Your case may qualify as exigent family circumstance. If you have a restraining order in place, please submit a copy of it with Form DS-5525 and the following requirements: 1. Form DS-11 (completed but unsigned) 2. Original or certified copy of birth certificate 3. Parent's ID and photocopy of said ID 4. One passport photo 5. Payment for fees Please take the documents and your children to a nearby acceptance facility to apply for their passports. Routine service takes 6-8 weeks while expedited service takes 2-3 weeks to complete. There is an additional $60 fee for expedited service.

Unclear answers by: Anonymous Question: I am soon traveling abroad with twin babies. I have sole custody- the father is not listed on the birth certificate. I already have their passports, but I am concerned about gaining entrance into a foreign country as a single mom. I have read through this whole page of custody issues, and I feel like I see conflicting answers to my own problem: some answers say this should be no problem; some say I should contact the embassy of the countries we travel to. Obviously, I hope it's "no problem"- but if we do encounter problems: what good would any letter or paperwork from the father be if his name isn't even on their birth certificates? Answer: The birth certificate is usually honored as evidence of sole custody. Since the father is not listed in the document, his consent should not be required. Having said that, it would be wise to contact the countries you are traveling to to ensure that you do not encounter any issues at ports of entry.

Passport after 18. by: Mila Question: I am a citizen. My ex husband is not. We never had legal custody and never had problem with it. My son is 18 now and he derived citizenship from me. The only problem- both form 600 or passport still require legal custody (I have all proof for physical custody). Anything we can do about it? Ex is collaborative, but we don't know how to substitute legal custody document. Passport application for my son was denied for this reason. Please advise. Answer: You need to establish your son's citizenship first. Since there is an issue regarding this, you need to contact the USCIS for assistance.

Passports by: Anonymous Question: Hello, I have two sons with my ex who I never married. He is on my eldest son's birth certificate but not on my youngest. Would I be able to show someone that I have sole custody of both my children to get them passports? Answer: Evidence of SOLE LEGAL custody is required when applying for a minor's passport. Your younger son's birth certificate without the father's name should be enough to allow you to apply for his passport. However, this does not apply with your eldest son. Since his father's name is on his birth certificate, the father needs to appear with you and the child OR you need to present a notarized statement of consent from the father in order to apply for his passport. This is if you cannot present a court order awarding you sole legal custody of the child.

Only parent by: Anonymous Question: My son is 3. His "sperm donor" is M.I.A. and his name isn't on the birth certificate. Do I need "sole custody" or "guardianship" of my child to get a passport for him to travel with me out of the country? Answer: The birth certificate naming you as the only parent is enough to allow you to apply for your child's passport. It should also allow you to travel with said child overseas without a problem.

Question by: Anonymous Question: I was awarded full and physical custody of my children in 2005 in the state of Oklahoma. At that time and in that place, full custody referred to the parent who makes all legal decision for the children. I even had to take a special class that outlined my rights and responsibilities as the parent with full custody. According to the passport requirements the court order must say sole. How do I proceed to get my children a passport with this difference in wording? Answer: If you can provide proof that you indeed have sole or full legal custody if your children, the wording should not matter when you apply for their passports. It will help if your custody order contains the details of your responsibilities and specifies that only you can decide over legal matters concerning your children.

When you have sole custody for a year thru a 50b by: Anonymous Question: How will be the processing for a passport be when the custody is granted for one full year? Answer: If you are granted sole LEGAL custody of the child, you may apply for your child's passport without the other parent's presence or notarized consent.

Father is not on the birth certificate by: Anonymous Question: The father is not on the birth certificate, no parentage was established, and we were not married. Can I get a passport without his permission? We are Washington state residents. Answer: You do not need the father's consent to apply for your child's passport since his name is not on the birth certificate. Please take all the requirements and appear with your child at a nearby Washington passport office.

I have no custody but lived with my son all his life by: Anonymous Question: My 13-year-old son would like to travel abroad but his passport is expired. His birth certificate shows his father whom he has not seen for the past 13 years. We were not married when I had my son and never went to court for custody. Answer: Since the father's name is on the birth certificate, you need his presence or his notarized consent to apply for your son's passport. If this is not possible, we recommend that you contact the local family court or your lawyer to see about getting sole legal custody of the child.

Sole custody as per birth certificate and court order by: Anonymous Question: A client of mine in Uganda has sole custody of her US born child given that her name is written on both the child's birth certificate and passport.However, the father to the child in Uganda has applied to court for grant of custody and the magistrates court have awarded full physical custody to the father who has never appeared on the child's birth certificate.Can court vitiate or alternate sole custody from the mother to father who is not on birth certificate of child? Answer: Please consult a lawyer regarding custody issues.

Absent Father by: Anonymous Question: If I am the only parent on my child's birth certificate. Is it necessary for me to submit a letter stating 'why' he's absent? Also, is it necessary to file for custody if he's not involved & M.I.A.? Answer: If the father's name is not on the birth certificate, his consent is not required to obtain your child's passport. There will also be no need to explain the father's absence. We recommend you consult the closest family court or your lawyer regarding custody.

Child support but not on birth certificate by: Jessica Question: We have child support ordered, but my son does not have his last name and he is not on my son's birth certificate. Do I still need his signature for a passport to travel? Answer: If the father's name is not on the birth certificate, you may apply for your child's passport without his presence or consent.

Vacation to Peru from Florida by: David Question: My fiance has sole custody of both children and they have Peruvian passports as well as U.S. passports. The father is not on the birth certificates. Can we take kids to Peru to visit family for the summer? This is not the first time. The father wants to stop vacation to be a pain. Should we be worried? Answer: If the father's name is not on the birth certificates, there is no reason to worry. You should be able to take the children to vacation in Peru without issues.

Consent of the father by: Anonymous Question: Hey, I'm not from the U.S. and neither am I married but my baby was born in the US. If my baby's father's name isn't on the birth certificate as yet because he could not be present at the time and I apply for his passport would the father need to give consent? Answer: You do not need to secure the consent of the father since his name is not on the birth certificate. The birth certificate is proof of your sole legal custody, allowing you to apply for your child's passport on your own.

Custody???? by: Anonymous Question: If i have full custody of my son, can my aunt come get my son take him to a different state and gain sole custody of him without me being notified? Answer: Please consult an attorney regarding your concern.

I would like to obtain US passport for my child. by: Anonymous Question: Hi there. I'm a father and US citizen. My child's mother is a green card holder. We have a 13-year-old daughter together. We were never married. We did live together. Now, we live separately and we never went to court for custody for our child. I want my child to visit her grandmother who lives outside of the US but my child's mother has an expired state ID and she does not want to renew it. She's been delaying for 3 years. What matters should I take in order to get my daughters passport? Answer: Please contact the nearest family court or consult an attorney to see what options you have.

Letter of permission by: Anonymous Question: If my husband is giving his ex a notarized letter to give his ex permission to get a passport for my step daughter who is 9, what all should be specified on the letter? After it is typed up, he can sign and have it notorized right? Answer: Your husband should print and complete Form DS-3053: Statement of Consent from the non-applying parent/guardian. He should sign it in the presence of a notary public. Then, he should send it to his ex-wife along with a photocopy of the ID he presents at the time the form is notarized.

Residential and legal custody by: Anonymous Question: My daughter wants to go on a mission trip with her church. She is 13. In the divorce, I was given full residential and legal custody. He is listed on the birth certificate. We do not nor have ever had a relationship with him since she was a baby. He has been absent for 6 years with no contact. Do I need his signature? I dont want to waste my money if it will be denied. Answer: If you submit evidence of sole legal custody, the father's consent is not required to get your daughter a passport.

Passport by: Anonymous Question: Hello there. The court granted me temporary sole legal custody and sole physical custody of my son. It is written on the court order that mother shall have temporary sole legal custody of the child pending the father's first offender class. Do I need the father to sign the form to get the passport? Answer: Since legal custody is temporary, we cannot guarantee that it will be accepted. The Department of State may require either a rider or amendment to the temporary custody agreement that specifically states that you can obtain a passport for the minor. Or DOS may require consent from the father. It can go either way. Therefore, you have three options. Once, submit the temporary custody document and see what happens. Two, get the court to amend the custody document granting you the right to apply for a passport. Three, submit consent from the father to get the passport.

kids by: Anonymous Question: I have full custody of my kids and a restraining order for 5 years against my ex, the father of my kids. If I get deported, could I take my kids with me or would they be returned to him? Answer: Please contact an attorney for assistance in getting answers to your concerns.

Permission by: Anonymous Question: I have sole legal and physical custody and my daughter wants to travel with my aunt. Do I need permission from her dad to travel? Answer: You do not need consent from the father to get a passport for your daughter if you can submit evidence of sole legal custody. Concerning travel to other countries, we recommend you contact the airlines and embassies of the countries she plans to visit.

Minor's passport by: Lydia Question: I have full coustody of my son. He lived with me for the past 13 years. He has his father's last name, however, I cannot reach his father. He works at sea. I need to renew my son's passport. Can you tell me what I need to do, please? Answer: If the father is listed on the birth certificate, your son is age 15 or younger and you do not have sole legal custody then the father's notarized consent is required. The father can do this at any U.S. embassy or consulate general. If you have sole legal custody, the father's consent is not required. Just submit evidence of this when you submit your son's passport application form. For more information, visit how to get a passport for a minor.

Help needed by: Anonymous Question: I have sole legal and physical custody of my child, but her father is allowed visitation as agreed between us. Does him having visitation rights stop me from getting my child a passport? Answer: No, it does not. Please submit evidence of sole legal custody with the passport application form. You can find a list of requirements here.

What can I do? by: Anonymous Question: I am hoping to take my minor son on a cruise in May and would like to have a passport for him but I am unable to make contact with his biological father. His name is on my son's birth certificate and he is court ordered to pay child support but he abandoned us when he was just 9 months old and he has not seen my son since. We were never married and he has never had any paternal or visitation rights even though his name is listed on the birth certificate. Last year I had my son's name legally changed in common pleas court from his father's last name to my maiden name and it was found in my son's best interest because he does not know his biological father. How can I get him a passport or what documents do I need if I can't contact his biological father? Answer: If you cannot locate the father, you can must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the father's unavailability and recent efforts made to contact him. Each situation is reviewed on a case-by-case basis and no guarantee is made as to the acceptability of the statement. For a complete list of requirements, visit getting a passport for a minor. You might also find Child Custody Strategies for Women useful. Form DS-5525 is not required if you have proof of sole legal custody.

Passports for children by: Anonymous Question: I have sole physical custody but it joint legal custody. Ex has by text and email agreed I can get passports but even after a month has not signed the paperwork I sent him with a notory. He only says he needs more time to get it done. We leave on a cruise in 30 days. While a passport isn't required for travel by sea, if an emergency arises that travel by air is necessary we will be stuck. Is this enough for "extenuating" circumstances? Divorce did not limit travel with children. He lives in CA while we are in NJ. Answer: If you have contact with the father, his notarized consent is usually required. If he will not provide it, you can request a judge bypass his signature or make him sign. Please contact the nearest family court or consult an attorney for more information.

Passport for minor children when cannot locate father by: Maria martinez Question: I would like to go on a vacation with my daughters but I can't get a passaport for them because their father was deported and I don't know anything about him. His name is on the birth certificates. What can I do? Answer: If you cannot locate the father, you can must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the father's unavailability and recent efforts made to contact him. Each situation is reviewed on a case-by-case basis and no guarantee is made as to the acceptability of the statement. For a complete list of requirements, visit getting a passport for a minor. You might also find Child Custody Strategies for Women useful. Form DS-5525 is not required if you have proof of sole legal custody.

Can I obtain a US passport for him with this Court decision? by: Anonymous Question: I am divorced, and I have a child who lives with me in the USA. My ex husband lives oversees. The court decision from oversees doesn't say the words "sole custody" but it says that my son will live exclusively with me. That means I will make all the decisions by myself. Is it considered a sole custody? Answer: There is a difference between sole physical custody and sole legal custody. The document must state that you have sole legal custody.

Father not listed on birth certificate by: Anonymous Question: I want to get my daughter a passport, her father is not listed on her birth certificate. What documents do I need to bring to get her a passport? Is her birth certificate enough proof? Answer: A birth certificate that does not include the father's name is acceptable as evidence of sole legal custody. For a complete list of requirements, visit our child passport page.

How can I get my kid 'passports without the father's consent? by: Anonymous Question: The father of my kids and I were never married. We lived together for 2 years. Now, he left but he has been coming regularly to see the kids. I need to go to my country of Colombia but he just doesn't want to sign for their passports. How can I force him to sign? If I go to court, what should I do? And what are the chances of me getting my babies passorts? Answer: You must submit notarized consent from the father unless you can prove that you have sole legal custody. Acceptable documents include a birth certificate that does not include the father's name or a court order. If you do not have proof of sole legal custody, you can petition for a judge to order the father to sign the consent form. Please contact the family court in your county or discuss the issue with an attorney.

Please help. Passports for minors in Florida by: Anonymous Question: To make a long story short, my daughter's father is on her birth certificate. However, we never married and he moved away when she was 2. We haven't had any contact and I do not know his whereabouts. He is on the birth certificate however paternity was never established. So my lawyer is telling me technically I do have sole custody but never went to court for it. I am currently going through the process of changing her last name to mine. The lawyer says since he cannot be reached to serve him with a court order I cannot obtain a passport. I would really hate to think my daughter cannot travel out of the country and we cannot go on vacations because of this. Please help please tell me there's a way!!! Answer: When one parent is absent and cannot be located, the applying parent must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's unavailability and recent efforts made to contact the non-applying parent. Each situation is reviewed on a case-by-case basis and no guarantee is made of the acceptability of the statement. For a complete list of requirements, click here. You might also try the resource Child Custody Strategies for Women.

How can I get a passport for my child? by: Anonymous Question: I am a green card holder and want a passport for my newborn child to go overseas to see his dad. His dad currently lives in Asia. He is also a green card holder. We never married his dad's name in on the birth certificate. How can I get a passport for my baby? Answer: You need to apply with your child at a passport application acceptance facility. Besides the completed form DS-11 and regular supporting documents, you need to submit notarized consent to apply from your child's father. The father can obtain this form and have it notarized at the nearest US embassy or consulate general. For a complete list of requirements, visit minor passport requirements.

Divorced by: Anonymous Question: I have 2 minors and want to apply for their passports. Their father and I are divorced. His name is on their birth certificates. I was granted sole custody by the court. Can I get my children's passports without his consent? Answer: In order to apply for passports for your minor children without the consent of the father, you must submit evidence of sole legal custody. If the court order grants you sole physical custody only, the father's consent is still required.

Moving Overseas by: Anonymous Question: I'm divorced and moving overseas with my daughter. I have sole legal custody of her but shared physical custody. Can I take her out of the country without the father's consent? Answer: If you take your daughter abroad without the father's consent, it may result in an international child abduction case or other legal consequences. Please consult your attorney concerning travel restrictions.

My court order states I have custody by: Anonymous Question: I am trying to re-new my daughters passport. My court order states that my ex didn't provide a DNA test and paternity isn't established, and it also states that I have complete care, control, and custody of minor. Can I submit this with her application? Answer: In order to be accepted, the court order must state explicitly that you have sole legal custody. If your ex-husband's name is listed on your daughter's birth certificate, you must submit his notarized consent or an official document which states that you have sole legal custody. For more information, call 1-877-487-2778 to speak with a customer service representative.

Infant Passport by: Anonymous Question: I am pregnant and my son is due soon. I'm the mother and do not know who the father is. How do I get a passport issued for my son with out any known father? Answer: You can submit a birth certificate without the father listed on it as evidence of sole legal custody.

Obtaining my children's passports by: Anonymous Question: My children's father has their passports because I gave them permission to leave the country, but I need them now and he doesn't want to give them to me what do I do? Btw I have full and physical custody court order but be has 50% parental rights. Answer: Please consult an attorney. If the father persists in not relinquishing the passport, you will need to get a court to order him to do so.

Proof of custody for a 16 years old by: Anonymous Question: Hello: I recently applied for my daughter's passport and today I received a letter stating that I need to submit evidence of the legal separation and evidence that shows I'm in "the sole or joint legal and physical custody". The reality is, that I was never married to her father (but he appears in her birth certificate) and also, I don't have idea of where he might be.She was born in Cuba and we never had the custody issue since it was clear my daughter would be my responsibility (obviously, Cuban's laws are totally different). How can I prove what I've been asked for, if I don't have any court document and I haven't seen her dad since 2008? Thank you in advance for your response. Answer: When one parent is absent and cannot be located, the applying parent must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's or guardian's unavailability and recent efforts made to contact the non-applying parent. The circumstances will be evaluated to determine if consent from the father is still required.

I have 2 kids and full costody. by: Anonymous Question: Their father has no name in the birthcertificate. Now I want to get married and change my last name. Will there be a problem with geting passports for these kids in future? As i am the only parent and will appear with different last name. Answer: You should have no problem obtaining passports for your children as long as you provide the required documents. Besides the application form and evidence of U.S. citizenship, you must submit proof of relationship to your children such as a birth certificate. Since your name will be changed due to marriage, you will probably need to present your marriage certificate.

How does a single mother who has full custody of her child get the child's passport? by: Anonymous Question: I have a court order awarding me sole custody of my minor child. When I submitted the order with my passport application for my child I recieved a letter from the passport office and a form asking for the fathers consent. It is my understanding that if I have sole custody, and the court order to prove it I shouldn't need the fathers consent. We were never married and were not together when the baby was born. I called the passport office and they said that I still needed the consent form signed even though I had a court order. Am I misreading the regulations or is someone else not doing their job right? Answer: There is both physical custody and legal custody both of which can be sole or joint (i.e., shared). Unless the court order specifically states that you have sole legal custody, the father's consent is required.

Never married in Florida by: Anonymous Question: I live in Florida where my daughter was born and lives with me. Her father lives in California and we were never married and have never legally established his paternal rights as her father. Although he is on her birth certificate, in Florida, that makes no difference on legal rights or custody if we were never married. I have no court order or other documentation that shows this because it is just the rule of law in Florida. What are my options as far as documentation goes? Answer: If only one parent appears with a minor to apply for a passport, evidence of sole authority to apply for the minor must be submitted with the application. Acceptable forms of evidence are a Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order) or a court order specifically permitting the applying parent to apply for the child’s passport. For more information, call 1-877-487-2778.

Passport Renewal for Child by: Anonymous Question: I was Indian Citizen when I got married to my Ex husband but after my son turned 5 years old I moved to India for good and applied for Divorce and custody in family court - India. Since my son was born in US he was holding US passport. Now he is 10 years old and last month I found his passport got expired how do I renew? I have sole custody order of my son in India as well I do not know where my ex husband is do I need to get his consent to renew my son's passport? Please advise Answer: Please contact the nearest U.S. embassy or consulate to apply for a new passport for your son.

PASSPORT FOR A MINOR CHILD WITH A NON U.S FATHER LIVING OVERSEAS by: SC Question: I am planning a family trip and need to apply for my son's passport. -I am U.S citizen by naturalization, my son 10 years old just got his Certificate of Citizenship. -I'm single mother,the father and I never married, but his name shows in the birth certificate. -The father is not U.S citizen and he lives overseas. -I have physical custody of my son. -I don't have legal custody, we never went to court overseas, the father doesn't want to sign any document just because he doesn't want to cooperate with anything. I was reading the requirements, and online and It seems to be just for parents living in the U.S and they don't want the child to leave the country for different reasons. But in this case, my son already have a foreign passport, he could leave U.S with that passport but the problem will be to come back because he doesn't hold greencard anymore. How can I apply for his U.S passport?? Hope somebody can help me. Answer: Since you do not have sole legal custody and the father's name is on the birth certificate, then you must present notarized consent from the father when applying for your son's passport. The father can visit the nearest U.S. embassy or consulate general in order to complete the consent form and have it notarized.

i want to get a divorce but i want this to be true by: Anonymous Question: I recently spoke to a lawyer about taking my son out of the country say for summer or holidays, he said the mother of my son didn't have to agree and I could still take him. Is this true? Answer: There are many different factors that could determine whether or not consent from the mother was required. Without details of the situation, we cannot say one way or the other.

Mother obtained passport for my child without my knowledge by: Anonymous Question: I have a custody order for my daughter that grants mom sole custody and gives me legal rights to my daughter, i.e., regular visitation, access to her records, child support order, etc. There is no stated restriction against international travel, however, the order does state that appropriate travel information is required 30 days in advance. My ex advised that they were traveling to another state with all the requisite travel details, however, I found out later that their true destination was in another country. I had no idea that my daughter had a passport, and thought the Two Parent law guarded against this kind of thing. I thought, as long as I had parental rights, my consent would be required. Is that not true? Even so, she has violated the custody agreement - how seriously do the courts treat this kind of violation, and could I have grounds for change of custody? Please also understand that there are multiple verifiable attempts to interfere with my involvement, disruption of holidays and vacations, mistreatment of my daughter, and the like that could fortify my potential case. Do I have a chance for my daughter's custody? Answer: You should consult an attorney concerning custody issues.

Child custody after father's deportation by: Anonymous Question: My daughter's father was deported. Does that automatically give me sole custody? Answer: Custody issues are very complex and more so when deportation is a factor. We recommend you consult a lawyer concerning this issue. You might also try the following resource: Child Custody Strategies for Women.

Leaving the country with joint custody by: Anonymous Question: I have joint custody of my children and my ex booked a trip to Australia without my consent. Can she take them out of the country without my approval? Answer: Unless the custody agreement specifically prohibits travel abroad, then your ex can do this. While most countries do recommend that one parent traveling with a minor child carry consent from the non-traveling parent, border agents do not always request to see the document. If you are concerned for your children's safety, we recommend you seek legal advice.

Does full sole custody mean that the other parent has no rights? by: Anonymous Question: Is there a different between sole full costudy and full custody with the other parent having rights? Can full custody parent get passport for child even though other parent has rights? Or does sole custody parent mean that she can get passport child only if the other parent has no rights? Answer: A parent must have sole legal custody in order to obtain a passport for a child without the consent of the other parent. Sole physical custody does not constitute sole legal custody. For more information visit Custody issues related to passports

hello by: Anonymous Question: I am planning on leaving the country here soon. My children's father left us and has had no contact with us since he left in 2007. His name is on my son's birth certificate but not my daughters. How should I go about proving that I have sole custody of both children? Answer: Consent is not required when the father's name is not on the birth certificate. In the case of your son, you must submit notarized consent form the father in order to obtain his passport. You need to consult a lawyer concerning child custody issues. A good resource is How to Win Child Custody.

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