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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I would like to get a passport 12 year old. Her last name

Customer Question

Customer: I would like to get a passport for my 12 year old. Her last name was changed and granted under "abandonment" because I have had no contact with her father in 6 years. I have no contact information for him. Is it possible for me to get a passport for her?
JA: Thanks. Can you give me any more details about your issue?
Customer: my daughter is 12. i would like to travel for vacation purposes. her father is not in her life. her last name is ***** ***** maiden name and the courts have no been able to contact him. i do have that paperwork
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Family Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
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Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Please tell me

1 - The Father is listed on the birth certificate?

2 - You have all court orders showing the Name Change was granted and that the court ordered you the sole custodial parent?

Customer: replied 1 year ago.
the father is listed on the birth certificate. And I do have the court order that granted the name change. However, on the name change is does not state "sole custody" anywhere
Expert:  Samuel II replied 1 year ago.

Ok. Thank you.

I suggest, you will need to return to court, petition to have sole legal and physical custody. You will need that custody order to then make application as the custodial parent with both legal and physical custody. You also will want to have her name change reflected on her Birth Certificate. Unfortunately, there is no way around this.

Once you have a court order granting your the sole legal and physical custody, then you can apply for her passport with that documentation. You should then be able to apply and obtain the passport under "exigent" circumstances, whereby you are the legal and physical custodial parent. And you have a new birth cert to reflect her name change.

Customer: replied 1 year ago.
I already have her birth certificate reflecting her name change. I just do not have the sole custody. Are there any special circumstances that they will allow to expedite receiving her passport?
Expert:  Samuel II replied 1 year ago.

Thank you

You do need to have the custody order. But if you have a situation of life and death, you can try this form

Expert:  Samuel II replied 1 year ago.

But as you will see from the instructions at that link, you have to be the legal custodial parent for both legal and physical purposes.

Expert:  Samuel II replied 1 year ago.

But that form allows you to set forth the situation. Though they should come back to you and request the Court order showing you have the sole legal and physical custody. The Name change Order is just not sufficient.

Customer: replied 1 year ago.
Thank you for your assistance
Expert:  Samuel II replied 1 year ago.

You're welcome. I wish it was easier for you. Good luck to all.

Expert:  Samuel II replied 1 year ago.

Thanking you in advance for a positive rating on my service.