The US State Department regulations say that you can do a passport application by yourself if your current custody order allows you to move out of the country with the child -- an exception to the general rule that says you need sole legal custody in order to get a passport without the other parent's consent.
Try pointing that out to the State Dept. But meanwhile, you should also be filing for a child custody order that gives you sole legal custody and/or expressly authorizes you to get a passport without the father's consent.
Another way to go about this is to go to your local court, I beleive in NY it is the surrogate court. They can help you get a termination of parental rights against the father giving you sole custody. The isseu wit that is you may also lose rights to any support ior inheritance for you child. be careful on that point.
You then have sole custody.
This not legal advice which can only be given after a full disclosure and discussion regarding your particular situation. Any answer or comment by the attorney des not create an attorney client relationship and is not protected by privelege.
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