her father is serving time in a federal prison 16 hours away from home. he consents me getting her a passport and traveling with her but how can i do this legally?
First you only need his permission where you have joint legal custody. If you have sole custody, produce the Order and apply for your child’s passport including the order. If you have joint custody prepare the whole application and mail it to him with a self addressed stamped envelope for him to return it signed-he likely needs a notary but I believe they give them access to a notary. If this is urgent travel, unfortunately you will need to drive it up to him to get his signature on the application form. I suggest you collect all documents like birth certificate etc and fill out papers in advance for him to make it quicker and easier. If he refuses to sign you can file a motion to compel him to sign.
By answering this question I am not creating an attorney client relationship with you. This should not be construed as legal advice. You should retain an attorney if you seek legal advice.
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