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A couple were divorced in Egypt and their son is 5 years…

A couple were divorced in...
A couple were divorced in Egypt and their son is 5 years old, his mom would like to renew her son passport but her x husband refused to sign the passport renewal, the mom had custody of her son. How can she renew his passport without her x husband signature?
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Customer reply replied 4 months ago
Parents of the child are not a US citizen.Only the child was born in New York
Answered in 11 hours by:
3/15/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 156
Experience: Attorney
Verified

Generally to renew a minor's passport the signature of both parent's is needed. If she was awarded Sole legal custody as part of the divorce then she does not need the father's signature. If this is the case she would need a certified copy of the court ordered sole custody. If she was not awarded sole custody, then she can ask the court to enter an order allowing her to get the passport. To accomplish this, if she has not already done, so she would need to submit her foreign divorce to the court where she resides now, once that judgment is accepted she can then file a motion asking the court to order the passport to be processed without the father's signature. Additionally if she is listed as the only parent on the birth certificate then she can submit that in lieu of the father's signature.

The fact that the parents are not US citizen's is not an issue. Only proof of the child's citizenship has to be produced (passport, us birth certificate)

Here's a link for more information about the passport process.

https://travel.state.gov/content/travel/en/passports/apply-renew-passport/under-16.html

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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Customer reply replied 4 months ago
The lady with her son are now in Egypt and they are dealing with the US embassy, the only court is there is Egyptian court and not American court. How will she handle this?
Customer reply replied 4 months ago
Also she has no active US visa on her passport. Can we handle this for her without being in the states?

No, you would not be able to apply for the passport here. The parent and child have to be present when submitting the application. She would apply for the passport through the US Embassy and Consulate in Egypt. It would be the same process as if she were applying here.

Here's a link to their contact information

https://eg.usembassy.gov/u-s-citizen-services/passports/

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 156
Experience: Attorney
Verified
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Customer reply replied 4 months ago
She has the sole legal custody from Egypt, the lady ,her x husband and two witnesses were signed on this custody that she has full custody of her son. Is this consider enough to get her son US passport renewed with her x signature and to be present when she is applying for her son passport renewal?
Customer reply replied 4 months ago
Sorry without her x not with her x signature

The officials at the embassy will review the documents. She should check with them to see if the need originals or certified copies. But yes, an official court order of sole custody is sufficient, along with the other documents and application needed to renew the passport (without the father's signature)

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Customer reply replied 4 months ago
She does not have court order from the Egyptian court but they signed it together and two wittinesses that she has full custody of the child.
Customer reply replied 4 months ago
Her son passport will expire shortly and she wants to renew it before it expires

If it's not a court order I don't think they will accept it. She can try, remember they are reviewing the documents to see if they meet their criteria. She can also use the child's birth certificate if the father did not sign it. There are some other limited exceptions, such as if she does not know where the father is, she can complete and sign a document to that end, but she has to truthfully not know where the father is. I would recommend she visit the link to the website for the embassy and give them a call to make an appointment to review her documents. If she needs additional documents then they can better advise once they have reviewed what she has or does not have.

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Customer reply replied 4 months ago
Thank you

You are welcome. Thank you for the positive rating.

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