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How To Get Your Child A Passport Without Parental Consent

Oct 17, 2018

You’ve been planning for months. That cruise in the Caribbean is calling to you and you can’t wait.

And then your ex says they won’t sign off on your child’s passport.

The world isn’t over — you still have a chance of taking your dream vacation with your child in tow. It’s just going to take a little work and potentially some help from a family law attorney.

Contact The Fairell Firm in Atlanta today for help understanding Georgia child support laws , obtaining legal custody , and even with getting your minor a passport without your ex’s consent. Our family law firm has a team of experienced custody attorneys who can help you through the process. Read our blog today for an explanation of how the passport process will work, and be sure to reach out for assistance.

Get The Other Parent’s Consent

First of all — what do you need and why? For any minor child who will be traveling outside of the U.S., both parents have to consent to the travel with a notarized signature on the appropriate forms. This is definitely the easiest, fastest way to go through this process, but, of course, it isn’t always possible. There are two other ways to circumvent this and still be able to obtain a passport without the other parent’s consent.

It’s important to note that only one signature is required if only one parent is listed on the child’s birth certificate. If you have sole custody of your child, you may submit the court order establishing custody with your child’s passport application.

Obtain A Court Order

You can work with a family law lawyer to obtain a court order. If this were to occur, you — the parent who wants to travel with the child outside of the U.S. — would work with an attorney to move through the courts and seek permission to obtain a passport. If you were to be successful, you would be issued a court order that would allow you to do so — without the other parent’s consent. It’s important to plan ahead if this is necessary so you don’t need to reschedule events or miss them entirely because of how long the passport application and court order could take.

Submit A Form To The U.S. Passport Service

Your final option is to submit Form DS-5525 to the U.S. Passport Service. This is a Statement of Exigent/Special Family circumstances and would allow you to obtain the passport — but only if you meet certain requirements. You must explain, in detail, why the other parent is unavailable and note all of your efforts to make contact. There is no guarantee of approval.

It’s understandable why these laws exist; after all, you wouldn’t want your ex to leave the country with your child and not return. But that doesn’t mean the process can’t be frustrating when your ex refuses to sign the papers. Work with a family law firm in Atlanta today to get a court order. Contact The Fairell Firm today.

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