Passport for a minor child

[Ornery]

I'll start this off with the fact that I'm not a single parent right now (although I was for the first 6 years of my son's life so I definitely remember how it was) but I think this forum might have more information than the blended forum.

My oldest ds has a biological father that has never been involved. He is 14 now and wants to go on a trip to Mexico. To obtain the passport he needs his bio father's consent. I have an email for his biological father but he is not responding to my requests. I noticed on the passport website that I can fill out a document about "special circumstances" regarding why bio father is not signing off on the passport. Is anyone aware of what type of special circumstances they are looking for?

Custody has never been formally established. We weren't married when ds was born but bio father is on birth certificate. We've never gone to court although when I was getting state assistance when ds was 3, the state got a child support order and has enforced it - very spottily - ever since.

Thanks!

[Hollycrand]

That sounds like a tricky situation.
I would call the Homeland Security passport department (yes, you have to pay for the call, but it could save a lot of hassle in the future) and ask about this situation. It seems really tricky.

[meemee]

yes i would call for passport info.

i remember looking into this a long time ago, so dont know if the rules are the same or not.

it was almost the same as changing last names if missing biodad.

apparently you have to show that you have tried all means to contact him. it wasnt tough. just time consuming.

[lucysmom]

yes, I don't see a downside to calling Homeland Security to ask how to handle the situation. About two years ago I got a passport for my then 3 year old daughter. Her dad & I were separated then & there was a temporary parenting plan with an order that I could take DD out of the country without his permission if I chose to do so (I wanted that so there would not be interference with an annual ski trip we make to BC, not because I wanted to constantly travel out of the country with our DD).

Anyway, I offered her dad the chance to sign the passport application & did it with his knowledge, but when he did not respond or follow through for a protracted period, I just went ahead with just my signature & the special circumstances provision checked. I attached the parenting plan and an explanation. No problem -- her passport came through right away.

Good luck!

[Ornery]

Bio father responded with an email saying he wasn't signing anything unless I took him off of ds's birth certificate. Ds doesn't want to do that and bio father knows this. Ugh. Poor ds.

I called the passport people (not Homeland Security thank goodness but Dept of State) and it looks like I have to file for sole custody because we have no custody agreement whatsoever. Nothing has ever been filed with the court.

So now I need to figure out how to file for sole custody. I'm sure I can do it on my own, without an attorney, but what a hassle!

[meemee]

it is not that tough when you know he is not going to fight you on it.

how badly do you need his support?

can he sign off his parental rights? or is that something your ds would not like too?

when does ds want to go to mexico? all this may take time even with expedited passport service.

[VocalMinority]

Here's the link describing how to get in contact with the State Dept., to discuss passport complications: http://travel.state.gov/passport/npic/npic_898.html

Depending how much time you have, it might be easiest to just establish sole custody. You can write up the legal pleading yourself (just check the laws and rules of procedure in your jurisdiction - if you're in the US, it's all online); contact your ex to get him to sign it; and submit it for the court's approval. Expect it to take a couple months, all told, provided your ex is cooperative. Once you're legally the sole custodian, you may apply for a passport without the other parent, you just have to submit a copy of the custodial order with the application.

If your ex isn't cooperative, you could still pursue custody through the court. If he doesn't show up to contest it, it would be simple and quick. If he DID show up to contest it, surely you'd win, with his lack of involvement.

If you need the passport faster, appealing directly to the State Dept. is best - I just don't know under what circumstances they'll bend the policy. Unfortunately for you, there are moms out there who would lie that the dad's uninvolved and unreachable, in an effort to hide from the Dad the fact that they're whisking the kid out of the country. So, I hope the State Dept.'s careful about checking up on such things.

Do US citizens need passports, to visit Mexico? When my step-son's Mom took him two summers ago, you didn't.

[Hollycrand]

Yes, all US citizens travelling to Canada or Mexico now need US passports.
Which for me is a big PITA (living in Canada, less than an hour away from the border). But I understand it....