Non-custodial parent refuse to sign passport. Can the court order him to sign?

Asked over 5 years ago - Brooklyn, NY

My child's father refused to sign passport in an effort to be vindictive. I have no family in America. They are all in Costa Rico. i want to take my child to meet her grandparents and aunts and uncle. My child is their only grandchild and niece. What can my arguments be to have court get him to sign. I have physical custody but legal custody has not been established.

Attorney answers (1)

  1. Pamela Walker Makowski

    Contributor Level 5

    Answered . I am answering this base on an assumption that your child is under the age of 16. You probably need to establish custody, assuming that you are not married. You would have to submit primary evidence that you have sole authority to apply for the child with one of the following: 1)the minor's birth certificate listing only the applying parent; 2) a court order granting sole custody to the applying parent, an adoption decree if the applying parent is the sole adopting parent, 4)a court order specifically permitting you to apply for the permit, 5) a judicial declaration of the incompetence of the non-applying parent or 6) the death certificate of the non-applying parent. Otherwise, you need to submit form DS-3053, explaining why the non-applying parent's consent cannot be obtained. Here is a link to a website that will provide you with more information: http://travel.state.gov/passport/get/minors/min.... Good luck to you - Pam Makowski; www.makowskilaw.com

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