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The mother is supposed to sign any passport request, unless her rights have been removed or unless the court orders the passport can be issued without consent. You need to file a motion in court for an order to apply for passport without other parent's consent and the court will issue the order, which is what the passport agency requires to issue the passport. If the passport agency will not issue the passport on the order you have, this is what you need to do to obtain the order needed to get the passport.