Passport ??

flippy1234 · February 2010

We are planning a trip to London for the spring of 2011 (my best friend is getting married). Step-kids don't have passports.. and their mother has been totally MIA for the past 5 months. DH goes back to court in about 2 weeks, so hopefully, unless she shows up w/ a lawyer or something (she has skipped the past court dates, and the court says this is her last chance before they go ahead w/ out her) he will have sole custody of the girls.

Anyways, does anyone know if he can get them passports w/ out her if he has sole custody? Or do they still need both parents present?

Luckily we have over a year to figure this out... but I would hate for them to miss out on this trip because of their mom

MissSusieQ · February 2010

I'm pretty sure you have to have both parents present, though I'm not sure. Is your DH trying to make it so BM has no rights to the children at all? Do you have a lawyer dealing with this case that you could ask this question to? I know with my BIL BM has no rights to her child at all. He had a strong case against her and then only showed up to court once to then leave before even seeing the judge. That being said he hasn't tried to get a passport for my nephew and I don't know how that would work out. You can also try looking on the governments passports site.

curlilocks1207 · February 2010

Depends on how the CO is worded. If he can show proof that he has sole custody he should be able to get it without her signature. I have sole custody of DD and would have been able to get her passport without her dad's signature but the clerk at the courthouse said it might go through a little quicker if I went ahead and got his signature...so that's what I did.

MissSusieQ · February 2010

Here is what MissSusieQ's detective agency has found :

One Parent
(with sole legal custody)
MUST:

Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:
- Minor's certified U.S. or foreign birth certificate listing only the applying parent
- Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
- Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
- Adoption decree (if applying parents is sole adopting parent)
- Court order specifically permitting applying parent's or guardian's travel with the child
- Judicial declaration of incompetence of non-applying parent
- Death certificate of non-applying parent

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

flippy1234 · February 2010

thanks girls!! I guess we'll just have to hope everything works out in court this month.

mrs.conn23 · February 2010

DH has sole legal and physical custody of SS. We filled out the form and had it notarized. DH just put down that he had not had contact with BM in about 7 years (at the time).

It was accepted. I think SS's passport took less time than mine or DH's took to come in. We had in hand in two weeks flat.

luckyangel · February 2010

If he has sole custody he does not need her. (at least in illinois)

J+R · February 2010

BM has sole legal & physical custody of my SD... I thought that it was required that BOTH parents (regardless of custody) sign the form.

lyndausvi · February 2010

Just a lurker...

Talk to your lawyer.

Getting the passport is one thing. Taking the kids out of the country is another. With all the problems with parents kidnapping their kids and moving out of the country, I'm seeing more and more parents needing proof that they have permission to take the children out of the country.(either from the other parent or CO). (I go through customs a lot with my job)

Since you are already going to court and this is a known trip a year out I would start taking the steps now with the judge so it does not become a problem next year.

Just because you can get the passport does not guarantee you can take them out of the country.

flippy1234 · February 2010

lyndausvi:
Just a lurker...
Talk to your lawyer.
Getting the passport is one thing. Taking the kids out of the country is another. With all the problems with parents kidnapping their kids and moving out of the country, I'm seeing more and more parents needing proof that they have permission to take the children out of the country.(either from the other parent or CO). (I go through customs a lot with my job)
Since you are already going to court and this is a known trip a year out I would start taking the steps now with the judge so it does not become a problem next year.
Just because you can get the passport does not guarantee you can take them out of the country.

Thanks! He is going to check w/ his lawyer this week.

BUT, that being said I've taken my daughter to Canada multiple times (I live on the border) and even to Australia once 3 years ago and they never once have asked me about her dads permission. (he passed away when she was 14 months old.. I did have to show the death cert. to get her passport)

lyndausvi · February 2010

flippy1234:
lyndausvi:
Just a lurker...
Talk to your lawyer.
Getting the passport is one thing. Taking the kids out of the country is another. With all the problems with parents kidnapping their kids and moving out of the country, I'm seeing more and more parents needing proof that they have permission to take the children out of the country.(either from the other parent or CO). (I go through customs a lot with my job)
Since you are already going to court and this is a known trip a year out I would start taking the steps now with the judge so it does not become a problem next year.
Just because you can get the passport does not guarantee you can take them out of the country.
Thanks! He is going to check w/ his lawyer this week.
BUT, that being said I've taken my daughter to Canada multiple times (I live on the border) and even to Australia once 3 years ago and they never once have asked me about her dads permission. (he passed away when she was 14 months old.. I did have to show the death cert. to get her passport)

Chance are you will not have a problem, but we are seeing things getting stricter all the time. Even in the last 3 years things have changed a lot. It's kind of like going through customs. Most of the time they do not ask to open your luggage, but the chance is always there they will. Better to be safe than sorry.

Plus, I have a friend who was able to put a flag on his son's passport in case the mom wanted to leave without telling him (we live on an island and need a passport to leave). You do not want the BM to all the sudden a year from now do something like that stopping you from taking the kids out of the country by putting a flag on the passport.

Again, it might not be an issue. It's just easier to take the correct steps just in case.

koat · March 2010

I have sole custody of my daughter, but had to get her father to sign the passport. I know that Canadian laws are different from American laws...but that was my experience. I also write a letter for anyone taking her across the border (my family's taken her to the States a couple times). Each time, my family's been asked for the letter.

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