US Passport Application of Minor Denied even with Father's Consent

[pixie77 2]

Hi All,

I recently applied for my daughter’s US passport. She’s 13 so we needed consent from her father who’s from the Philippines. The father signed and mailed the consent to us using the Department of Sate Affidavit of Consent format. We were expecting for approval, but got denied. The Department of State states that I do not have Legal custody of my daughter.

Anyone experienced the same thing? Where do I go from here?

Do I file for Sole Custody? Do you have an idea how long will it take?

Do we do Step-parent adoption?

Any advice/answers will be greatly appreciated.

Thank you.

[Transborderwife 4,666]

A few questions. Is the father on the birth certificate? (Assuming yes) how did she immigrate in the first place? How long has her father been non existent in her life? For step parent adoption states have different laws. Some require consent of both birth parents. By all means file for custody.

[pixie77 2]

Hi Transborderwife,

Thank you for your reply.

Yes, the father's name is on the BC. I was married to him and divorced him in 2008. I never had a problem with immigration regarding custody and all. It was all smooth. Father has not given any kind of support since 2011 when my daughter arrived in the US, never called my daughter and sporadic email communication only.

[Transborderwife 4,666]

I would file for custody through the normal avenues and see how that goes before I'd consider step parent adoption personally.

[pixie77 2]

Do you have an idea as to cost and how long will it be?

[Transborderwife 4,666]

I'm not certain of costs and length of time. However to do either one I would be soliciting the help of a lawyer.

[Ontarkie 13,911]

You need to find the law on child custody in the Philippines.

Did you need the fathers consent to allow your daughter to immigrate?

Plus if you filed for custody now it would still have to be done in the Philippines not here in the US.

[pixie77 2]

Thank you, Transborderwife.

[pixie77 2]

Hi Ontarkie,

Thank you for your thoughts.

My daughter's habitual residence is the US, so place of custody is the state where we currently live. I did not need the Father's consent for my daughter to emigrate to the US nor did I have the need for it to exit the Philippines. I did not apply for dual citizenship for myself or my daughter, so our only citizenship is the US. Our Philippine passports have expired and I have no plans of renewing it.

[Ontarkie 13,911]

Ok slow down a second.

First the country of birth is the laws you are to follow. (It's in your benefit). Birth Countries will always be the law the US will go by(yes there are exceptions) or unless you get the fathers consent to fight it out in US courts. You actually do not want this. It's pretty rare that one parent in the US gets sole custody, and you already have it. You just need to prove it. The courts in the US will want to make sure they don't get in trouble for International child abduction.

As you said you didn't need the fathers consent because you already have sole custody. You just need to show that law to them. Same goes if your husband wanted to adopt your daughter they would first go by the birth country laws and then follow your States laws. Again this benefits you. As the Philippines is one of the few countries that many of the fathers have no rights/custody to the child. So it's much easier for step parent adoption in the US.

What I suggest you do if find an attorney back in the Philippines to write up the the custody laws and saying you already have sole custody (might be less expensive.) Or find an attorney here in the US who is familiar with the laws there and write up something explaining the laws.

Edited August 4, 2015 by Ontarkie

[pixie77 2]

Hi Ontarkie,

The Philippines is not a party to the Hague Convention. If it is, then it will be a more complicated case. So far, the father's been rather cooperative. I was informed that since my daughter is considered an American citizen and has been living in the US for more that 2 years now, litigation for custody can proceed here as the US now has jurisdiction over custody. If the father wants to contest, he can come here and appear in court with his lawyer.

Anyway, I'll see what the lawyer says tomorrow as I was just on the phone with him.

Thanks again for your thoughts and will keep this post updated just in case someone benefits from it.

Edited August 4, 2015 by pixie77

[Ontarkie 13,911]

Please do update.

I still believe it would be easier to show that you already have sole custody then try to get it in the US.

And consult more then one attorney. I was told similar to what you have been told. And that was not the case.

[Darnell 8,478]

wait - something is weird.

you are attempting to get uscitizenship for your child because you just acquired your uscitizenship, right?

something's amiss at the passport office.

[Transborderwife 4,666]

wait - something is weird.

you are attempting to get uscitizenship for your child because you just acquired your uscitizenship, right?

something's amiss at the passport office.

I believe child has said citizenship just no passport

[dmck 80]

I agree with Darnell, something seems missing from this story. If the father is on the birth certificate, how did she immigrate without the consent of the father? If the daughter was naturalized N400, the passport office should have accepted her application. Without proof of custody, she would have to get a notarized authorization from the father to travel outside of the US on said passport, but again it seems we are missing some details.

As far as an attorney goes, I would not settle for 1 attorney until I have talked to at least 3. Attorneys are notorious for telling you what you want to hear to get you to sign up. Then they rack up the bills and it gets expensive fast. Go learn what it will take to get her passport without attorneys first. Only go to them when you know Exactly what you need and you tell them to do something.