If the father's name is ***** ***** birth certificate and you do not have sole legal custody of your son, then you cannot apply for a passport for him without the notarized consent of the father.
You do have sole custody but you don't have court-ordered sole custody, which is what they need to see, so you can file for sole custody -- otherwise you need to do this another way instead of filing for sole custody.
If the father cannot be located, you can submit a form which I will provide. The statement must explain in detail the father's unavailability and recent efforts made to contact him. Exigent/Special Family Circumstances are evaluated on a case-by-case basis and there is no guarantee that it will be approved.
Alternatively, you can request a court order -- not for sole custody but for permission for a passport. You request this from a judge to give you permission to obtain a passport for your son and travel with him on your vacation.
If your minor under 16 years of age needs a passport to travel internationally, and you cannot obtain the notarized written consent of the non-applying parent, you can use the forms I provided. The whole first page is just directions to fill out the form. The second page is the actual form you fill out and submit with the child's passport application.
The requirements for using this form are:
- The passport is needed for a minor child under 16
- There is a time-sensitive reason requiring the passport to be expedited
- The reason for the passport to be expedited must be related to the health or welfare of the child
- You cannot obtain the notarized written consent of the absent custodial parent
You can try the forms, or you can go to court. Let me know if you want me to find a family lawyer for you in your area. I would need to know the biggest city/town near you so I can find lawyers for you. I do this free of charge for my customers here, and while we're not allowed to recommend a specific attorney, I can point you in the right direction.
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