Minor Passport- fATHER REFUSED TO SIGN CONSENT

[beatbaba2 1]

Hi 

 

* My stepdaughter (US citizen) is renewing her passport. My wife and her Ex are divorced - The divorce document states that my wife will take care of her (Full legal cutody word is not mentioned). The decree also mentions her Ex will sign all passport related documents. Her Ex is currently in India (Indian citizen) . My wife (Green card through marriage) and step daughter are in US. 

* When we applied for my step daughters passport - we recived a reply from NPIC back to send the consent from her father. When we contacted him.. he send email to NPIC saying he doesnt want to sign consent form as her daughter was taken out of country without him knowing.

* My step daughter is 11 year old. 

 

What are our best options to get her passport. We have not reSponded to NPIC yet.

 

Thank you for your help.

Edited September 26, 2022 by beatbaba2

[Boiler 45,651]

Consult with a Family Lawyer

[Crazy Cat 41,975]

"persuade" $$ the father to give permission. 

[Mike E 11,740]

Sue for full custody since your ex isn’t complying with the terms of dissolution 

[Pinkrlion 2,724]

You need a family attorney.  Since he is in India and he is not complying with the divorce decree, you have to settle it in court.  

[Loren Y 2,755]

12 minutes ago, Crazy Cat said:

"persuade" $$ the father to give permission. 

This is the fastest and probably easiest way to get it done. Downside is minor passports are only good for 5 years, so when you need the next one, and stepdaughter is 16, you will be in the same situation again.

3 minutes ago, Mike E said:

Sue for full custody since your ex isn’t complying with the terms of dissolution 

I like this route, solves all your issues in one go around. Things to consider is how fast the court process is, and how much this route will cost.

 

Both of the above are good suggestions.

[beatbaba2 1]

1 hour ago, Pinkrlion said:

You need a family attorney.  Since he is in India and he is not complying with the divorce decree, you have to settle it in court.  

Will this be in local court in USA? Do you know how much general attorney fees for this kind of cases.

[beatbaba2 1]

1 hour ago, Loren Y said:

This is the fastest and probably easiest way to get it done. Downside is minor passports are only good for 5 years, so when you need the next one, and stepdaughter is 16, you will be in the same situation again.

I like this route, solves all your issues in one go around. Things to consider is how fast the court process is, and how much this route will cost.

 

Both of the above are good suggestions.

Does it worth first responding to NPIC .. stating the sitution and attaching all the divorce document and let them respond to the sitution. Is there any chance that they will grant passport based on Divorce decree. 

[Mike E 11,740]

6 minutes ago, beatbaba2 said:

Will this be in local court in USA? Do you know how much general attorney fees for this kind of cases.

Child is a U.S. citizen  living in the USA with a parent authorized to be in USA. I can’t imagine the father’s successful argument that a U.S. state court doesn’t have jurisdiction but you never know. 

[NigeriaorBust 4,087]

 The requirement for both parents to agree to a minor's passport is a law that is designed to prevent a parent from getting one and leaving to a country that is resistant to shared parenting.   You are actually supposed to have written permission to take a minor child that isn't travelling with both parents.  Full custody will not remove the passport requirement.  You can either get the father to agree or get a court order specifically dealing with the passport issue.  

[SalishSea 17,916]

He doesn’t sound like the sharpest tool.  

Maybe try pointing out to him that without a valid US passport, his child has no way to visit him in India?

[Family 4,025]

At 16 your daughter can walk in and get her own US passport carrying only ONE parent’s note ( mom’s)  of “acknowledgment “ . 

Until then, you can try responding to the Agency arguing that mother has both physical/ legal custody , has previously satisfied all requirements at the time of passports initial issuance and the biological father’s refusal is detrimental/ harmful to the child’s need to travel and nurture familial bonds with extended family ( himself included…) overseas ( insert your individual need)…it will only work if it lands on the desk of a sympathetic human…read through the Q&A link from US passport services and give it your best shot.

 

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

https://www.us-passport-service-guide.com/what-if-the-noncustodial-parent-will-not-sign-for-the-child-to-have-a-passport-comments.html

 

 

 

https://travel.state.gov/content/travel/en/passports/need-passport/16-17.html

Show Parental Awareness 

 

If you have your own current identification document (ID), you may apply for a passport. You must show at least one legal parent or legal guardian is aware that you are applying for a passport. For more information, please see Children's Passport Issuance Alert Program.

How to Show Parental Awareness:

• A legal parent or legal guardian appearing with you in person when you apply for your passport. The agent or employee accepting the application will ask your legal parent or legal guardian to sign Form DS-11. Bring a photocopy of that parent or guardian's ID.
• Submit a signed note from your legal parent or legal guardian with a photocopy of their ID.
• Submit proof that your legal parent or legal guardian is paying your application fees (Example: parent or guardian name is written on  the check or money order).

[R&OC 371]

17 hours ago, Loren Y said:

This is the fastest and probably easiest way to get it done. Downside is minor passports are only good for 5 years, so when you need the next one, and stepdaughter is 16, you will be in the same situation again.

I like this route, solves all your issues in one go around. Things to consider is how fast the court process is, and how much this route will cost.

 

Both of the above are good suggestions.

 

This is somewhat incorrect as with the age of 16, only one parental signature is necessary.

[R&OC 371]

This needs to be taken to a US family court. Present the custody agreement and the bio dad's response to pursue full custody.

[mam521 2,102]

13 hours ago, NigeriaorBust said:

 The requirement for both parents to agree to a minor's passport is a law that is designed to prevent a parent from getting one and leaving to a country that is resistant to shared parenting.   You are actually supposed to have written permission to take a minor child that isn't travelling with both parents.  Full custody will not remove the passport requirement.  You can either get the father to agree or get a court order specifically dealing with the passport issue.  

Actually, you are incorrect.  If one parent has sole, court ordered custody, they do not require the other parent's signature: