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I am a resident alien in TX. My child is a US citizen. ex-Husband lives in home cntry. How to get sole custody for child in TX?

Asked almost 3 years ago - Dallas, TX

I want to get a new passport for my minor child (US citizen) to take him back to my home country for vacation. Registered Mails sent to my ex-husband's last known address in our home country were returned as out of town. It appears he has moved to a different state in our home country and we are unable to get his current address. The passport office website says, I need his signature or sole custody document. Is this correct?
How can I apply for a US passport without his consent signature? Should I get a sole custody for the child to get the passport? If yes, how long would it take and cost? Can someone help me file?
I and my child live in TX for last 24 months.

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Attorney answers (1)

Anita Cowley Savage

Reputation Level 10

Answered almost 3 years ago. Child Custody Lawyer in Dallas, TX.

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Since you and your child have lived in Texas for the past two years, you could use a Texas court to establish the parenting rights of the parties for your child. The process is not instant, however, since you will need to attempt to get your ex-husband served. If you can't find him - and attempts to find him prove fruitless - you may have to have him served by publication. You can expect the entire process to last between 30-60 days.

I hope this helps. Feel free to call me if you have any further questions - my website link is below. Good luck!

Dallas Family Law Firm

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