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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 764
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have a 4 year old daughter. Her father took me to court in

Customer Question

I have a 4 year old daughter. Her father took me to court in NYC on 2011 for visiting rights, judge awarded him every other christmas and when I am in the state of NY he can see her and when he is in the state of FL he can see her. He has never practiced any of his rights. Hasn't seen the child since she was 1 years old. I want to get a passport for her
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else the Family Lawyer should be aware of?
Customer: i have asked the dad in the past and he has flat out said no or hasn't answered. He has changed his cell phone number and I have no contact since last year.
JA: Our top Family Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Family Lawyer in on everything we've discussed. You can go back and forth with the Family Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 7 months ago.
Category: Family Law
Expert:  originallawyer replied 7 months ago.


As you know, the State Department requires both parents to either appear in person to apply for the certificate, or to file for certain paperwork to show their consent.

If your ex will not consent, you will need to file a motion in the court that originally decided your visitation (ie the court in New York) to have the Judge declare that you are the parent able to apply for a passport. Your argument is pretty strong if your ex hasn't ever exercised visitation. This is the only way you will get the State Department to issue your child a passport. When you file the motion, you will have to try to find him to have him served with notice of the motion and any hearings. If you don't know where he is, the court may appoint an attorney to try to find him, or the court may allow you to put a notice in a newspaper in the area he last lived. All these details will be dependent on the Judge in the court handling your case. Since you're out of state, it would be worth it to hire an attorney in NY to help you with this.

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