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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband was recently deported and I'm trying to get a

Customer Question

My husband was recently deported and I'm trying to get a passport for my son. However I am running into problems because the father cannot sign the necessary forms. I have filled out the special circumstances form but they told me I need a judges signature which gives consent for me to obtain a passport for my son. What paperwork do I need to file in order to do this in an expedited fashion
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me - and this is important - is the dad unwilling or unable to sign? Or, you simply cannot get a hold of him?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 2 years ago.

Hello - you have not responded to the information request and I must go offline, so I will have to go with the information I do have. Feel free to reply to continue the correspondence if needed.

If there is no custody between the parents formally via the Court the parent wants to file to establish custody. This is a lawsuit. See HERE.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this.

One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.

Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

Now of course, if the other parent cannot be found, the Court may agree simply not to award them any visitation at all.

One that note, if they cannot be found, one would have to file stating that they do not know where they are and ask for alternative service. See HERE and scroll down to "Substituted Service."

Now the important part. As part of the suit, one would ask the Court for permission to be the only parent required to sign the passport. This is what the US Dept. wants to see. If the court agrees, the decree serves as this authorization. NOTE that since this may take a few weeks or even months, one can ask for temporary orders in the meantime to get permission as the only parent required for the passport, while the suit itself is pending.

If there is already custody between the parents but the father simply has disappeared, or, is not signing, respond and let me know, as my answer will then very.

Good luck.

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