if you have a court order giving you custody, that should do it
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
Unless you have an order terminating his parental rights, they cannot issue a passport without his consent. The passport office will not make that determination, but rather the family court in your jurisdiction will decide that.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If the passport agency won't grant her a passport based on what you have already then you shodul contact a family law attorney to get you a Court order.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law