Bowie, MD asked in Family Law for Maryland

Q: 14 year old needs a passport - both parents have to sign. We have no contact with him.

Her father is absent. Has been all her life but is on her birth certificate. Therefore it looks like we need his approval. Is there something I can do legally to obtain my child’s passport without him?

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: The following exceptions exist to the two-parent consent requirements, allowing one parent or legal guardian to apply alone with the child:

(1) If one parent cannot appear, the applying parent should bring a signed and notarized Form DS- 3053 “Statement of Consent” of the other parent and a copy of the other parent’s ID presented to the notary at the time of signing. The notarized Statement of Consent must be less than three months old.

(2) If one parent cannot be located, the applying parent should bring a signed Form DS- 5525 “Statement of Exigent/Special Family Circumstances” and additional documentation as requested by the Department of State.

(3) The applying parent may provide a court order granting him or her sole legal custody of the child, or specifically permitting the parent to apply for the child’s passport.

(4) A certified copy of the child’s birth certificate or adoption decree listing the applying parent as the only parent, or the other parent’s death certificate.

Option #3 would be the best option if you have the time to pursue it; otherwise, option #2 may be your only choice if you are planning travel before a custody decree can be obtained.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.