Do I need my husband's permission to get my baby's passport?
We are currently separated because he was emotionally and mentally abussive during the last half of my pregnancy. He was and still is carrying on with a phone affair with a younger woman. He is out of a job, is living with his parents, and does not support me or our daughter at all. I am trying to get my daughter's passport to visit my family in the S.Pacific and to expand my business in Australia. He wants to stop me from taking her on this trip. She is only 4 mo. old and I am nursing her. He has nothing to do with us, but because he is her biological father, I am afraid he has control in this. What do I do? Can I get her passport without him? Does he have any grounds to do anything to me legally?
Answers:
The State Department has all the information on its website. Here's what it says:
Either parent, whether a U.S. citizen or not, may apply for the U.S. passport for their minor child. However, the Two Parent Consent Law, effective July 2, 2001, requires that, for a child under the age of 14, both parents must consent to issuance, or the applying parent must document his/her sole authority to obtain a passport for the child. Thus, before a passport is issued for such a child, Passport Services will require evidence of one of the following: sole custody, a court order allowing the parent to travel with the child; a written statement under penalty of perjury that the other parent agrees to issuance or is unavailable, a termination of the other parent’s parental rights, or compelling humanitarian reasons relating to the welfare of the child
Yes, you do. Without him you'll need a court order.
We need to know if his name is on the birth certificate. If it is then he could take court action and stop you from leaving the state let alone the country without his or the courts permission. If this happens then he is also opening himself for a child support obligation.
If his name is not listed then you shouldn't have any problems getting the passport.
Depends on the lawful agreements you have made. If there are none, I think you gotta notify him. Sorry, you played with fire, you got burnt.
I would go to a lawyer and get the best legal advice before proceeding with the passport.
As long as his name is on the birth certificate or he gets a DNA test to prove paternity you will need his permission to get a passport or take her out of the country. You need a good lawyer.
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Answers:
The State Department has all the information on its website. Here's what it says:
Either parent, whether a U.S. citizen or not, may apply for the U.S. passport for their minor child. However, the Two Parent Consent Law, effective July 2, 2001, requires that, for a child under the age of 14, both parents must consent to issuance, or the applying parent must document his/her sole authority to obtain a passport for the child. Thus, before a passport is issued for such a child, Passport Services will require evidence of one of the following: sole custody, a court order allowing the parent to travel with the child; a written statement under penalty of perjury that the other parent agrees to issuance or is unavailable, a termination of the other parent’s parental rights, or compelling humanitarian reasons relating to the welfare of the child
Yes, you do. Without him you'll need a court order.
We need to know if his name is on the birth certificate. If it is then he could take court action and stop you from leaving the state let alone the country without his or the courts permission. If this happens then he is also opening himself for a child support obligation.
If his name is not listed then you shouldn't have any problems getting the passport.
Depends on the lawful agreements you have made. If there are none, I think you gotta notify him. Sorry, you played with fire, you got burnt.
I would go to a lawyer and get the best legal advice before proceeding with the passport.
As long as his name is on the birth certificate or he gets a DNA test to prove paternity you will need his permission to get a passport or take her out of the country. You need a good lawyer.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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