Passport Question

[snakelover]

I need to get my daughter her passport. The only problem is that her father wont sign to let her get it. He is refusing to sign unless I let him lower his child support amount or sign away his rights. Does anyone know if there is a way to get around needing his signature?

 

Also, his name is not on the birth certificate that I have. Does that make a difference?

[Toto2Kansas]

With his name not on the birth certificate, that might be a loop hole for this. I would contact an attorney to get the legal aspect though.

Best of luck, my guess is without his name on the birth certificate, you will be able to get around this one. But legal assistance is always the best way to go with something like this to be sure.

[cherylandtk]

If he is not on her birth certificate as the father, how did he establish rights in the first place? This is not an idle question, because if it was via a court proceeding, there very well could be limits on your daughter's ability to travel without his permission. Only your attorney can really answer the question for your specific situation. One of which is who has legal custody and who has physical custody. They are not the same, BTW.

 

Secondly, if you are the only listed parent on the BC, then normally you are the only one who needs to sign the passport application--UNLESS you have been instructed by a court proceeding that states otherwise. I am guessing you brought a paternity suit against the man, and that lawsuit probably gave him parental rights along with the responsibilities of child support.

 

Thirdly, your daughter will not need a passport for a cruise that goes RT from the US.

 

You really need to speak to an attorney about your exact situation.

[Colo Cruiser]

I need to get my daughter her passport. The only problem is that her father wont sign to let her get it. He is refusing to sign unless I let him lower his child support amount or sign away his rights. Does anyone know if there is a way to get around needing his signature?

 

Also, his name is not on the birth certificate that I have. Does that make a difference?

 

 

Child support is mandated by the courts, this is extortion so I would seek legal help. Maybe a stint in jail might help. :)

[quincytoo]

........here in Canada at least. If the *donor's* name doesn't appear on the BC then Canada Passport does require his name or signature on the passpport.

 

Friends just went through this with their son last year.

[quincytoo]

........here in Canada at least. If the *donor's* name doesn't appear on the BC then Canada Passport does require his name or signature on the passpport.

 

Friends just went through this with their son last year.

 

Need to start drinking coffee BEFORE I post

 

does NOT require ...Canada Passport does not need

[Pam in CA]

I agree with the others in that you should get legal advice. As has been said, this is extortion and whether he signs or not shouldn't be linked to child support. That's just wrong, and evil. Get the legal advice; you'll be glad you did.

[RLBlack]

My daughter's son's biological father name is not on the birth certificate- it says "unknown"- so she just took a certified copy of birth certificate to the Post Office with all the forms filled out, and and had it sent in. The clerk did not question it. There are many children that only have one parent on the birth certificate. It is not uncommon- my advice- send it in, and let the chips fall.

 

rlb

[Pam in CA]

My daughter's son's biological father name is not on the birth certificate- it says "unknown"- so she just took a certified copy of birth certificate to the Post Office with all the forms filled out, and and had it sent in. The clerk did not question it. There are many children that only have one parent on the birth certificate. It is not uncommon- my advice- send it in, and let the chips fall.

My only concern with doing this is that the OP's biological father is paying child support so there must be some sort of legal obligation there for him to be involved. It's not strictly a case of the biological father not being on the birth certificate. Again, I'd advise checking with a lawyer.

[custompcsys]

Being a divorced father who pays child support, I have to first say that this guy is a total jerk. What kind of man uses his daughter as a pawn like that?? :mad: For as much as my ex and I didn't get along during our divorce, we NEVER involved our daughter in our differences.

 

That being said, I really don't think the issue is getting the passport - you will most likely get it as the State Dept is looking at the birth certificate vs. the signatures on the application. They have no way of knowing what is on your settlement agreement filed with the court. The real problem you will have is traveling with your daughter out of the country without his permission. Most settlement/custody agreements do not allow the custodial parent to remove the child out of the country - our out of state for that matter - without consent from the other parent. If you just go, you may leave yourself open to be found in violation of the agreement.

 

I will echo what others have said - talk to your attorney. He does not have the right to unreasonably withhold his consent for her to travel. If his lawyer has any smarts he will advise him of that. Family courts are courts of equity, and judges don't take kindly to unreasonable parents.

 

Good luck!

[snakelover]

Thanks for the advice I think I will just send it in without his signature and see what happens.

 

I got a notorized letter a couple years ago from him stating that my daughter was aloud to leave the country with me anytime. So I can still use that. Princess has only asked to see it once out of our 3 cruises.

[Northshorecruisers]

Best to seek legal advice. Requirements seem to change all the time.

When I got my youngest a passport I did not need his father to sign because our son is over 14. But, I still need to carry a letter from his father authorizing him to travel on the cruise. I was asked for it on HAL but not when we cruised on Princess.