Can I get a passport for my daughter without permission of my previous husband?

Question

I got divorced in 2003 and have the sole custody of my daughter who is 9 years old now. My previous husband has the rights to visit her once in a week. I want to take my daughter for a vacation out of India. My previous husband has refused to give a no objection letter to get her passport. Is there any way I can get her passport done.

Also, my daughter does not like to meet him anymore, but due to legal obligations I have been forcing her to meet him. Can I appeal in the court to not have him meet her weekly, but only when she wants to meet him?

I have got married again and my daughter wants to get her name changed to our new surname. The school has refused to do so as my previous husband is not giving a letter of no objection. Is there any way I can get her name changed. Also can my husband adopt my daughter? What is the process?

I live in Maharashtra, India.

I have checked with 2-3 lawyers have not recd proper guidance.

Answer 1

With due respect to Lawyers of Maharastra & I fancy their legal knowledge & ability. As far getting Passport for your daughter without a no objection letter/affidivit from your previous husband is concerned the legal position is as follow :- applying for individual passport for your daughter, as a mother you can do so without taking the consent of the natural father i.e. your first husband as you have to give an declaration as provided in ANNEXURE ‘G’ in the passport application, along with the Birth Certificate issued by the Municipal Authority or the Office of the Registrar of Births & Deaths of this child & your original passport & its certified copy. In this case the name of father of the child will have to be mentioned that of your first husband only as the birth certificate you produce will be carrying his name & even in the declaration made you have to mention his name only. The second issue with regard to your daughter refusing to meet her natural father is concerned for that you have to move the Family court for this & get necessary orders with this regard, but since the right of natural father to meet his child is his legal right that cannot be ignored at the same time the opinion of the child with regard to this cannot be ignored, but since this child is only 9 years of age her opinion may not be of much value while deciding this issue & the family court may not oblige you for such an order that will prevent the natural father to meet his child. The third issue with regard to Changing of surname is concerned for the child is not possible till she gets married & acquires her husband’s sur-name. Otherwise without the any no-objection affidavit/letter from your first husband this will not be possible to carry out by publication in the newspapers & gazette of India too at the moment, that will help you to get her name changed in her school records. The fourth issue with regard to adoption of this child by your second/present husband is possible only if your first husband, the legal & natural parent/guardian of your daughter forgoes his legal rights of the father & gives this child in adoption to your second husband by deed of adoption which is dully signed, attested & registered. I had given reply to a similar question few months back in this very forum the link to that question & my reply is >>> http://in.answers.yahoo.com/question/index;_ylt=AvxGrxgPSo4vWaBn6it88SS5HQx.;_ylv=3?qid=20070903095016AATAXNC

Answer 2

i'm a social worker and function accomplished extremely some "mothers very own" adoptions as they have been time-honored. I arranged a record for the decrease courts. The record gadgets out the mothers explanation for adoption and in specific why it would get advantages the new child. The childs father is often contacted and would have a say. for sure the courts prefer to nicely known what the potential adoptive father thinks because of the fact adoption confers complete accountability financially/emotionally. One question to ask your self is that if I died would my contemporary better half elevate the new child as his very own ? What do different relatives think of? The adoption would additionally do away with all rights from the organic father. Does your new child want this now or interior the destiny? What dedication is the organic father showing? Why does your husband prefer the rights of the organic father? Is it to learn your daughter and if so how? Is he insecure approximately his function? wherein case will taking on extra accountability would reason extra issues no longer much less. while i became working the Courts would desire to furnish adoptions with out the fathers consent yet for sure are reluctant to realize this the place there is any evidence of tried parenting. plenty to think approximately if in any doubt my suggestion would be to watch for a pair of years and notice then.

Answer 3

first of all - if you didnt receive proper guidence from any of the 2-3 lawyers you have talked to, then seek the advice of another..
I dont know how your laws work in your country, but I would assume that if your current husband wants to adopt your daughter and she want to take your last name that you have now - you would just have to fill out the appropriate papers to have it go to court.
the same for your daughter not wanting to see her father as much - take it back to court and ask for it to be changed.
As far as the passport , I am realy not sure.
you have sole custody - but again I am not sure with the laws in your country - usually if you have sole custody, your x husband has no say

Good Luck

Answer 4

If you have her birth certificate and sole custody you shouldn't have a problem getting a passport for your daughter at least that's the way it is here in the USA. About your daughter not wanting to see her father are you sure he isn't hurting her in some way. It's unusual for a daughter not wanting to see her own father.

Answer 5

you will have to get to release all perentle right put in there he will not have to pay child support he'll sign it b/c he'll think he's getting away with somthing the child will have to be adopted by your newhusband then do what you want goodluck

Answer 6

Are the attorneys just not giving you the answer you are looking for?

I suspect you need to keep looking at attorneys. Whatever you do, do not take any legal advise from here. I read so much bad advise that it makes me fear for you people.

Good luck.