He says they dont need one... I want them to have one. We are Divorced, and share custody although they live with me and he does not visit them. (B/C he does not want to) What should I do?
2007-10-11 11:53:33 · 11 answers · asked by mj_082006 1 in Family & Relationships ➔ Marriage & Divorce
You will have to go in front of a judge.
The laws are there for a reason and it will very difficult to convince a judge to intervene, unless you can show the fathers objections to be unreasonable and that not having the passports would be detriment to the health/welfare of the children.
Otherwise, you need to go for sole custody. Even then, there may be restrictions unless all parental rights are removed from the father by the courts.
2007-10-11 12:04:08 · answer #1 · answered by Infernal Disaster 7 · 0⤊ 0⤋
is he afraid that you'll sprint off to another country with the child and never return? that would be my main reason for not signing, and if that were the case, there is little that would persuade me to sign the application. however, most people looking for passports for their children aren't going to do that.
is he in the same area or does he live far away? if he's far away, maybe you could sign an affidavit that he can't be contacted to sign the application due to distances involved. do you have full legal custody? maybe if you can show that he has no legal right to make decisions for the child, you can get it waived. (this worked for my cousin as she was going thru her divorce. she included copies of the court orders that she had full legal say in the child's welfare. she had to petition the us government, not a local judge - they have no jurisdiction pover federal applications.) is he bribable? maybe he can be persuaded if there is a big enough carrot in front of the @ss's nose.
other than these things, i can't think of any other way to work around him. the government has it set so that both parents need to be present for children's applications to prevent someone from taking their children out of the country where the other parent has no way of geeting them back. in those cases it makes sense, but unfortunately, it also prevents well-meaning parents from being able to do something cool with their child simply because the other parent has issues. sorry. good luck.
2007-10-11 19:05:25 · answer #2 · answered by sleepycatz1972 6 · 0⤊ 0⤋
you need to see an attorney about divorce laws in your area but because you are the custodial parent you should have the right to sign the papers without him. At the same time, you may want to make sure that you have the right to take them where you want since he doesn't visit at all and isn't concerned about that. that may seem a little overboard at the moment when he doesn't want to see them but the day may come when he does and you don't want to have to get his permission to leave the state or some other such thing
2007-10-11 19:10:28 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
Having a pass port is very important these days it could help for identification purposes. If you have custody of the children you have physical custody i don't understand why he has to sign for the passport. It sounds like you two had a bad breakup. Maybe he is afraid that you may take the kids away from him to another country.
best of luck
2007-10-11 19:06:02 · answer #4 · answered by mmurray001 5 · 0⤊ 0⤋
Your choices are limited but different depending on the country in which you live.
In Canada, you need either a court order confirming sole custody or a death certificate of the other parent to apply for a passport for your children in your own name.
Without one of these two things, you absolutely have to have the other parent's signature and/or a letter of consent from the other parent to obtain a passport for a child.
2007-10-11 19:11:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if this is for a us passport and the father has parental rights but is not cooperating, you can try using the notarized form DS-3053 which has a statement of special circumstances as to why the other parent is not present. the form is available at this link:
http://travel.state.gov/passport/forms/ds3053/ds3053_846.html
you can also contact this link if you have further questions:
phone = 1-877-487-2778
e-mail - npic@state.gov
2007-10-14 22:33:13 · answer #6 · answered by roundater 5 · 1⤊ 0⤋
See a attorney, There is a exception to every law in the book. Sometimes a simple motion in court will do the trick unless he is going to hire a attorney, spend money and try to fight you on the issue.
2007-10-11 23:51:00 · answer #7 · answered by gregory 2 · 0⤊ 0⤋
Dear April, I am sorry that your ex is being such a jerk ? It is tough when you have to approve things to your ex. Good luck and where were you thinking of going that you needed ?
Personally I think travel is a tremendous part of life to travel and visit and learn from other cultures. Good luck ! You Go Girl !!!!!!
2007-10-12 08:13:22 · answer #8 · answered by Suzy-Q 3 · 1⤊ 0⤋
Why do you "need" passports for your children? The only reason I can think of is if you intend to take them out of the country. He doesn't HAVE to allow you to do so whether he wants to see them or not. They are STILL his children and you will have to have his permission to allow them to leave the counry...obviously he is not going to give it.
2007-10-12 02:08:49 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Go to your lawyer and see what rights you have. He may be worried your looking to flee with them and is not signing for that reason.
2007-10-11 18:59:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋