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 My exhusband out of the blue texted me saying I need to sign a paper so our daughter (7 years old) can get a passport. He plans on taking her out of country in a few months for a few weeks. I told him that I will not sign because I dont want her to leave the country since it will be around the only time I can get to her up in CT (Im in TX). He wont allow her to come to me so I must travel to CT and with money tight I can only go during certain times. We have joint custody and he has primary  physical custody. Do you think he can still get her passport without me?  Am I being a bitch for not wanting to sign the paperwork?

by on Jun. 11, 2012 at 1:38 PM
Replies (11-20):
SilverOcean84
by Cindy on Jun. 11, 2012 at 2:54 PM

BUMP!

Chanel5nyc
by on Jun. 11, 2012 at 2:58 PM
He can go through the court, if he wins, he wouldn't need your signature.

Posted on CafeMom Mobile
SilverOcean84
by Cindy on Jun. 11, 2012 at 2:59 PM

 Even if we have joint custody? He is taking her during my time with her

Quoting Chanel5nyc:

He can go through the court, if he wins, he wouldn't need your signature.

 

jaydensmom1726
by Bronze Member on Jun. 11, 2012 at 3:00 PM

actually it is not kidnapping if he is the one that has majority of custidy and it isnt mentioned in the divorce. that he needs permission to travel out of the state/country

Quoting MamaPeanut:

This. If he takes her out of the country without your permission, it's felony kidnapping.

Quoting JennPearce:

He can't. He has to have your signature & approval to do so. If he does do it, you can get him in serious trouble.


KellBell0820
by Silver Member on Jun. 11, 2012 at 3:01 PM
He would have to have sole legal custody of her to get her passport without your signature.
Posted on CafeMom Mobile
Chanel5nyc
by on Jun. 11, 2012 at 3:01 PM
Oh you have joint custody. I missed that part, sorry. Then, no he can't do that. If he had sole custody, he could do it. Why can't he take out the country another time?
Quoting SilverOcean84:

 Even if we have joint custody? He is taking her during my time with her


Quoting Chanel5nyc:

He can go through the court, if he wins, he wouldn't need your signature.


 

Posted on CafeMom Mobile
Sassy762
by Emerald Member on Jun. 11, 2012 at 3:05 PM

Call your Attorney just to make sure.

Good Luck

Kstahlhood
by Silver Member on Jun. 11, 2012 at 3:06 PM



Quoting rriley:

What do your papers say? Mine have it that I can go get them a passport without his approval but he can't get one without me.

Posted on CafeMom Mobile
Sassy762
by Emerald Member on Jun. 11, 2012 at 3:08 PM

I just google the requirements. By this it seems to indicate your EX must have show court papers showing he has the legal right to do so

Minors Under Age 16

Before You Start, Please Note:



SUBMIT A PASSPORT APPLICATION FOR A MINOR UNDER AGE 16:

Read and understand Steps 1 - 9 before leaving this page.

1. Complete Form DS-11: Application For A U.S. Passport
2. Submit Form DS-11: Application For A U.S. Passport In Person
3. Submit Child's Evidence of U.S. Citizenship
4. Submit Evidence of Relationship Between Child and Parent(s)/Guardian(s)
5. Present Identification of Parent(s)/Guardian(s)
6. Submit a Photocopy of Each Parent/Guardian ID Document To Be Presented (Step 5)
7. Provide Parental Consent
8. Pay the Applicable Fee
9. Submit One Passport Photo

STEP 1: Complete Form DS-11: Application For A U.S. Passport

Complete Form DS-11: Application for a U.S. Passport .  Please note, you:

  • Must not sign the application until instructed to do so by the Acceptance Agent
  • Must provide your SSN in accordance with 26 U.S.C. 6039E. Failure to provide information requested on the form, including your social security number, may result in significant processing delays and/or the denial of your application.

STEP 2: Submit Form DS-11: Application For A U.S. Passport In Person

The minor and both parents (or guardians) must appear in person to submit Form DS-11 at an acceptance facility or a passport agency.

STEP 3: Submit Evidence of U.S. Citizenship

The minor's evidence of U.S. citizenship must be submitted with Form DS-11. All documentation submitted as citizenship evidence will bereturned to you. These documents will be delivered with your newly issued U.S. passport or in a separate mailing.

Primary Evidence of U.S. Citizenship (One of the following):

 Previously issued, undamaged U.S. Passport
 Certified birth certificate issued by the city, county or state*
  Consular Report of Birth Abroad or Certification of Birth
 Naturalization Certificate
 Certificate of Citizenship

*A certified birth certificate has a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of your birth. Some short (abstract) versions of birth certificates may not be acceptable for passport purposes.

Beginning April 1, 2011, all birth certificates must contain the full names of the applicant's parent(s). For more information, please see New Requirement for U.S. Birth Certificates.

NOTE: If you do not have primary evidence of U.S. citizenship or your U.S. birth certificate does not meet the requirements, please seeSecondary Evidence of U.S. Citizenship.

STEP 4: Submit Evidence of Relationship

Parent(s)/Guardian(s) must submit evidence of their relationship to the minor applicant.
Evidence of Relationship (One of the following):

check boxMinor's certified U.S. birth certificate with both parents' names
check boxMinor's certified Foreign Birth Certificate with both parents' names*
check box Minor's Report of Birth Abroad with both parents' names 
check boxAdoption Decree
 with adopting parents' names*
check boxCourt Order establishing custody 
check boxCourt Order
 establishing guardianship

*All foreign documents submitted with a passport application must be accompanied by an English translation (formal or informal).

NOTES: 

  • Previous U.S. passports are not acceptable as evidence of relationship
  • Evidence of a legal name change must be submitted, if the name of a parent/guardian has changed since the original documents were issued (e.g. photocopy of a marriage certificate, etc.)

STEP 5: Present Identification of Parent(s)/Guardian(s)

When applying for a minor under age 16, both parent(s)/guardian(s) must present acceptable identification at the time of application.

Primary Identification (One of the following):

check box Previously issued, undamaged U.S. passport
check box Naturalization Certificate
check box Valid Driver's License
check box Current Government Employee ID (city, state or federal)
check box Current Military ID (military and dependents)

NOTES:

  • If none of these items are available, please see Secondary Identification.
  • If you apply at an Acceptance Facility and submit out-of-state primary identificationyou must present a second ID, as well. For example, if you apply in Maryland with a Virginia Driver's License, you must present a second ID containing as much of the following information as possible: your photo, full name, date of birth, and the document issuance date.

STEP 6: Submit a Photocopy of Each Parent/Guardian ID Document To Be Presented (STEP 5)

photocopy of each identification document to be presented by a parent or guardian must be submitted with the minor's passport application (excluding credit cards presented with secondary identification). If you are applying for multiple minors at one time, you must include a photocopy of each parent/guardian ID document presented with each minor's individual passport application.

  • Photocopy must be on plain white, 8 1/2 x 11" standard paper stock, showing the front and the back of your ID
  • Photocopy must contain images on only one-side of each page submitted.
    • If copies cannot be made on the same side of one page, you may present two separate pages; one displaying the front of the ID and the second displaying the back of the ID.
  • The paper should be free of other images and/or markings.
  • The 8 1/2 x 11" paper size cannot be substituted with a larger or smaller size paper, even if the alternative folds down to the 8 1/2 x 11" size.
  • You may enlarge the image of your ID on the 8 1/2 x 11" page, but you may not decrease the size of the image.

Other situations that require a photocopy of identification, but are less common, include:

  • If you are presenting Secondary Identification, you must provide a photocopy of each document being presented with your application. A photocopy of your credit card will not be requested if it is to be presented with secondary identification.
  • If you submit out-of-state primary identification, you must provide a photocopy of your primary identification document and your second ID. If a credit card is presented as your second ID, a photocopy will not be requested.
  • An assistant to a disabled applicant who witnesses the signature or signs on the disabled applicant’s behalf must present a photocopy of his or her ID.
  • A person acting as an Identifying Witness (Form DS-71) must present a photocopy of his or her ID.

STEP 7: Provide Parental Consent

Both parents must provide consent authorizing passport issuancefor a minor under age 16. See the scenarios below, and follow the instruction that best applies to your circumstance:


Both Parents MUST:


  • Appear in person with the minor
  • Sign Form DS-11 in front of an Acceptance Agent

 

One Parent MUST:

 

  • Appear in person with the minor
  • Sign Form DS-11 in front of an Acceptance Agent
  • Submit the second parents' notarized Statement of Consent (Form DS-3053)

 

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 certificatelisting only the applying parent
    • Consular Report of Birth Abroad (Form FS-240) orCertification 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 soleadopting 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 mustsubmit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained

A Third Party
(in Loco Parentis applying on behalf of a minor under the age of 16)
MUST:

  • Submit a notarized written statement or affidavitfrom both parents or guardians authorizing a third-party to apply for a passport
  • When the statement of affidavit is from only one parent/guardian, the third-party must present evidence of sole custody of the authorizing parent/guardian.


IMPORTANT NOTE: The written consent from the non-applying parent that accompanies an application for a new passport must be less than 3 monthsold.  New written consent from the non-applying parent must be obtained and submitted with any future passport application for the minor under age 16.      

STEP 8: Pay the Applicable Fee

Please see Current Passport Fees and methods of payment.

STEP 9 : Submit One Passport Photo

We can help you submit a clear and correctly exposed passport photo the first time - especially when applying for the U.S. Passport Card. To avoid processing delays, review all the photo requirements and tips on how to take photos of your baby or toddler.  

chickensmommy
by Silver Member on Jun. 11, 2012 at 3:22 PM
Put her in the passport issuance alert program just in case
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