Q: Can I apply for my child passport if I have sole legal custody? And Do I need the father to fill out DS-3053?
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A: The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents accompanying that such as the birth certificate etc. It may take longer to go through this process, so start early if you are planning a trip.
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