First, it's hard to imagine in today's society that a person can exist without any form of id. Your ex needs to get some form of id. He can go to the Texas Driver's license office and get an id.
Second, you can talk to an attorney about a judge signing a legal document giving you sole authority to get your child a passport without her father's approval. This is going to take some time so talk to an attorney immediately. If you don't have an attorney, look on this website for an experienced family law attorney to assist you. If your husband will sign the necessary paperwork, it would expedite the judge's approval.
I hope this helps.
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Read your divorce decree, often there is language that the primary custodial parent has the right to apply for, and control the child's passport. If this is not part of your decree, seek out an order as suggested by my colleague to have that exclusive power. Good luck.
This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.
You can try three things:
1. Ask dad to let you become sole-managing conservator. If you are SMC, you can apply for the passport on your own.
2. Ask dad to sign an agreed order giving you sole authority to apply for a passport by yourself without his approval or consent. While you're at it, have the order also specify that you have sole authority to consent to international travel and that you don't need his consent. State law cannot trump federal law on these issues, but solving the passport problem without solving the consent to travel problem is worthless.
3. Sign an affidavit explaining why you cannot get his consent. The passport office (district clerk, or US Government office) has a form that you can use for this purpose. It's also available the US passport service's web site.
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