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Refusal of non custodial parent to sign a passport application consent!

I have a 4 yr old son and my ex boyfriend. He has visitation rights but he rarely uses them. At one point before going on child support he claimed he wanted to relinquish his rights which I said absolutely no to. Now that I want to apply for a passport for my son he is giving me the toughest time ever. I asked his father if he can get his son to sign the paper or i'm going to court with him but he is saying no he doesn't trust my son going out of the states and on to a cruise. He is stuck on that answer and there is nothing going to change that. I know he loves his son however I think he is saying no to keep my son from having a passport and going on a cruise with me. I'm in the state of NY what should I do. Will the judge force him to sign the papers? Suppose he keeps saying he doesn't feel safe with him son leaving the states will the judge give me consent to get it anyway just because he doesn't even see his child that much? What should I do. This guy is a jerk I know he is gonna stick to his work just to be vindictive.


My ex is on the birth cirtificate he signed it and we had paternity established )

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Asked by Anonymous at 4:28 PM on Feb. 11, 2012 in General Parenting

Answers (10)
  • If it's just for a trip, you will probably win. But, it could end up being costly (attorney's fees).

    Answer by 3libras at 4:34 PM on Feb. 11, 2012

  • No I dont think a judge is going to be able to force him to sign anything. He does not want his son out of the country. He has that right as far as I know and at this point seems to have equal rights as you since he does have visits. You might be able to try going for sole custody but even so I dont know if that would change anything.

    Answer by gemgem at 4:39 PM on Feb. 11, 2012

  • I googled and here is some info

    you need to submit form DS-3053, explaining why the non-applying parent's consent cannot be obtained, but it doesnt guarantee anything.


    Answer by gemgem at 4:41 PM on Feb. 11, 2012

  • But he is the non custodial parent.. my child lives with me, and my baby father hardly sees him. The only thing he does is pay child support.

    Comment by Anonymous (original poster) at 4:43 PM on Feb. 11, 2012

  • Where will the cruise be to? If it is the Bahamas and you will start and end your cruise at the same port then all you need is a birth certificate.

    Answer by JeremysMom at 4:45 PM on Feb. 11, 2012

  • Every case is different. You may be able to google child custody laws and exceptions regarding passports. Judgement will be considered typically based by the original custody agreement that was written. Do not get emotional- analize this logically. You may need to ammend the custody agreement to go forward with this. Regardless of what is right or wrong you have to go by the law. Check with an attorney and they might be able to advise what you need to do. Just keep doing the next thing and focus on what was legally agreed on instead of trying to persude others involved- that usually is a waste of time and will just get you upset and further feed resentments. Assume you will have to go back to court, do not inform your ex or his family of what you are doing.. get information and know what you are dealing with. Hang in there. It could be so much worse.... hugs !! :-)

    Answer by LeJane at 4:46 PM on Feb. 11, 2012

  • The law is pretty clear

    Do you have sole custody? If you do then you wouldnt have a problem getting one because you could show you have sole custody. If he has joint with visits then he is well within his rights to refuse. Think of it this way, if he had your child and asked for a passport would you be 100% ok with it or would you maybe pause a minute? I know I would not be content with signing a form for a passport for either of my ex's. Just look at the page itll give you good info and options.


    Answer by gemgem at 4:59 PM on Feb. 11, 2012

  • I do have sole custody. He is the non custodial parent who has just visitation rights. So since I have sole custody I don't need his consent right?

    Comment by Anonymous (original poster) at 5:13 PM on Feb. 11, 2012

  • You should check to be sure.
    When your ex wanted to terminate his parental rights what were your reasons for not allowing it?

    Answer by meooma at 8:42 PM on Feb. 11, 2012

  • You need to read your divorce agreement carefully to determine what each parent's rights are...I have sole custody of my 2 kids, and my ex-husband only has visitation. It says in the divorce papers that I am in charge of all the kids legal matters and paperwork (which includes passports), so I will not need his permission to obtain passports for my kids. I purposely had it set up this way.

    Answer by vicesix at 12:10 PM on Feb. 12, 2012

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