Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Sep 3rd 2012, 5:04 am
#1
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Joined: Sep 2012
Posts: 7
Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
I am a british citizen living in the US.
I have temp residency here and do not plan on becoming a US citizen.
I had my son with an american citizen but we are not married.
There is no court orders and no custody battles or agreements in the process.
My son has his birth certificate and ssn number for here etc.
I have been living in my sons room with him for 3 years as the relationship broke down and my ex has angry screaming outbursts.
I am planning on returning to the UK to live and want to bring my son with me. I need to know what i need to apply for to be able to do this. ie british passport or register him as a brit. All these web sites are telling me different things and its kind of blowing my mind.
I think i can get him to agree to letting me take my son with me just need help with exactly what i have to do. regarding passports, a letter from the father etc. The last time i spoke with his father about us returning to the UK he agreed to let me take him. His father hasn't had much to do with my son since he was born even though we live in the same house.
We cannot live like this much longer and really need someones help and advice
Please help!!!!
I have temp residency here and do not plan on becoming a US citizen.
I had my son with an american citizen but we are not married.
There is no court orders and no custody battles or agreements in the process.
My son has his birth certificate and ssn number for here etc.
I have been living in my sons room with him for 3 years as the relationship broke down and my ex has angry screaming outbursts.
I am planning on returning to the UK to live and want to bring my son with me. I need to know what i need to apply for to be able to do this. ie british passport or register him as a brit. All these web sites are telling me different things and its kind of blowing my mind.
I think i can get him to agree to letting me take my son with me just need help with exactly what i have to do. regarding passports, a letter from the father etc. The last time i spoke with his father about us returning to the UK he agreed to let me take him. His father hasn't had much to do with my son since he was born even though we live in the same house.
We cannot live like this much longer and really need someones help and advice
Please help!!!!
Last edited by mamabear7256; Sep 3rd 2012 at 5:55 am. Reason: My post was not informative enough
Sep 3rd 2012, 5:26 am
#2
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Joined: Nov 2006
Location: Hong Kong, mostly.
Posts: 5,214
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Hi
Sorry to hear you are in such a situation.
First things first: are you in a position of safety for you and your child? If not, then you need to look in the phone book for a "domestic violence shelter" in your area. You can contact them and they can take you in to get you out of a potentially dangerous situation from your partner. In fact, it is a good idea to contact them and get some advice on what you should be doing. Your efforts to protect the safety of your child by making these consultations will come up at the decision over custody (i.e. if you say he should not get custody because he is violent, they will ask 'what did you do to try and protect your child?'. This is a good first step).
Once have cleared that hurdle, it's time to start thinking about the next steps. I'm afraid that these next few steps will seem slightly complicated and a bit formal, but often times they can be done rather easily. You are entering a world in which 'handshake agreements' and 'understandings' no longer matter, only what is down on paper and approved by the courts.
Do you currently have court-ordered legal custody of the child? Is the ex- still involved in their life in any way? What is your current status in the US (Green card, etc?). You said "temporary residency" but could you be more specific. Is citizenship possible in the near future?
As the father of the child, he has a say, regardless if he is a deadbeat dad or not involved in any way shape or form. He still has legal rights that have to be dealt with. Sometimes, many times actually, in a case where the father is not involved it's just a matter of "sign this and goodbye". In others it could go to court and honestly, it's a bit difficult to get custody of a US child and take them overseas if the father is still involved in their life.
I'm asking these questions because basically, you are going to need his permission to get out of the country with your child. Have you contacted any legal aid organizations where you live? The domestic violence shelter may have some contacts, or you can look in the phone book under legal aid. You might also contact the 'Bar Association' in your area who may have some attorneys who work "pro bono" on cases like this (i.e. free).
I should also point out that you cannot simply get a passport and run away (please please don't do this). That creates more problems than it solves and could end up in a Hague Convention on Child Abduction situation where the UK authorities would strip your child from you and send them back on a plane for US custody hearing. Something I'm sure you would like to avoid.
There is a UK-based organization you might want to contact called Reunite.org. They deal with cross border child custody issues and can give some guidance on what to do, and not do in a situation like this.
But as I mentioned--first things first--get safe, and then start the planning to do this right.
Good luck.
Sorry to hear you are in such a situation.
First things first: are you in a position of safety for you and your child? If not, then you need to look in the phone book for a "domestic violence shelter" in your area. You can contact them and they can take you in to get you out of a potentially dangerous situation from your partner. In fact, it is a good idea to contact them and get some advice on what you should be doing. Your efforts to protect the safety of your child by making these consultations will come up at the decision over custody (i.e. if you say he should not get custody because he is violent, they will ask 'what did you do to try and protect your child?'. This is a good first step).
Once have cleared that hurdle, it's time to start thinking about the next steps. I'm afraid that these next few steps will seem slightly complicated and a bit formal, but often times they can be done rather easily. You are entering a world in which 'handshake agreements' and 'understandings' no longer matter, only what is down on paper and approved by the courts.
Do you currently have court-ordered legal custody of the child? Is the ex- still involved in their life in any way? What is your current status in the US (Green card, etc?). You said "temporary residency" but could you be more specific. Is citizenship possible in the near future?
As the father of the child, he has a say, regardless if he is a deadbeat dad or not involved in any way shape or form. He still has legal rights that have to be dealt with. Sometimes, many times actually, in a case where the father is not involved it's just a matter of "sign this and goodbye". In others it could go to court and honestly, it's a bit difficult to get custody of a US child and take them overseas if the father is still involved in their life.
I'm asking these questions because basically, you are going to need his permission to get out of the country with your child. Have you contacted any legal aid organizations where you live? The domestic violence shelter may have some contacts, or you can look in the phone book under legal aid. You might also contact the 'Bar Association' in your area who may have some attorneys who work "pro bono" on cases like this (i.e. free).
I should also point out that you cannot simply get a passport and run away (please please don't do this). That creates more problems than it solves and could end up in a Hague Convention on Child Abduction situation where the UK authorities would strip your child from you and send them back on a plane for US custody hearing. Something I'm sure you would like to avoid.
There is a UK-based organization you might want to contact called Reunite.org. They deal with cross border child custody issues and can give some guidance on what to do, and not do in a situation like this.
But as I mentioned--first things first--get safe, and then start the planning to do this right.
Good luck.
Sep 3rd 2012, 5:37 am
#3
Just Joined
Thread Starter
Joined: Sep 2012
Posts: 7
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Hi
Sorry to hear you are in such a situation.
First things first: are you in a position of safety for you and your child? If not, then you need to look in the phone book for a "domestic violence shelter" in your area. You can contact them and they can take you in to get you out of a potentially dangerous situation from your partner. In fact, it is a good idea to contact them and get some advice on what you should be doing. Your efforts to protect the safety of your child by making these consultations will come up at the decision over custody (i.e. if you say he should not get custody because he is violent, they will ask 'what did you do to try and protect your child?'. This is a good first step).
Once have cleared that hurdle, it's time to start thinking about the next steps. I'm afraid that these next few steps will seem slightly complicated and a bit formal, but often times they can be done rather easily. You are entering a world in which 'handshake agreements' and 'understandings' no longer matter, only what is down on paper and approved by the courts.
Do you currently have court-ordered legal custody of the child? Is the ex- still involved in their life in any way? What is your current status in the US (Green card, etc?). You said "temporary residency" but could you be more specific. Is citizenship possible in the near future?
As the father of the child, he has a say, regardless if he is a deadbeat dad or not involved in any way shape or form. He still has legal rights that have to be dealt with. Sometimes, many times actually, in a case where the father is not involved it's just a matter of "sign this and goodbye". In others it could go to court and honestly, it's a bit difficult to get custody of a US child and take them overseas if the father is still involved in their life.
I'm asking these questions because basically, you are going to need his permission to get out of the country with your child. Have you contacted any legal aid organizations where you live? The domestic violence shelter may have some contacts, or you can look in the phone book under legal aid. You might also contact the 'Bar Association' in your area who may have some attorneys who work "pro bono" on cases like this (i.e. free).
I should also point out that you cannot simply get a passport and run away (please please don't do this). That creates more problems than it solves and could end up in a Hague Convention on Child Abduction situation where the UK authorities would strip your child from you and send them back on a plane for US custody hearing. Something I'm sure you would like to avoid.
There is a UK-based organization you might want to contact called Reunite.org. They deal with cross border child custody issues and can give some guidance on what to do, and not do in a situation like this.
But as I mentioned--first things first--get safe, and then start the planning to do this right.
Good luck.
Sorry to hear you are in such a situation.
First things first: are you in a position of safety for you and your child? If not, then you need to look in the phone book for a "domestic violence shelter" in your area. You can contact them and they can take you in to get you out of a potentially dangerous situation from your partner. In fact, it is a good idea to contact them and get some advice on what you should be doing. Your efforts to protect the safety of your child by making these consultations will come up at the decision over custody (i.e. if you say he should not get custody because he is violent, they will ask 'what did you do to try and protect your child?'. This is a good first step).
Once have cleared that hurdle, it's time to start thinking about the next steps. I'm afraid that these next few steps will seem slightly complicated and a bit formal, but often times they can be done rather easily. You are entering a world in which 'handshake agreements' and 'understandings' no longer matter, only what is down on paper and approved by the courts.
Do you currently have court-ordered legal custody of the child? Is the ex- still involved in their life in any way? What is your current status in the US (Green card, etc?). You said "temporary residency" but could you be more specific. Is citizenship possible in the near future?
As the father of the child, he has a say, regardless if he is a deadbeat dad or not involved in any way shape or form. He still has legal rights that have to be dealt with. Sometimes, many times actually, in a case where the father is not involved it's just a matter of "sign this and goodbye". In others it could go to court and honestly, it's a bit difficult to get custody of a US child and take them overseas if the father is still involved in their life.
I'm asking these questions because basically, you are going to need his permission to get out of the country with your child. Have you contacted any legal aid organizations where you live? The domestic violence shelter may have some contacts, or you can look in the phone book under legal aid. You might also contact the 'Bar Association' in your area who may have some attorneys who work "pro bono" on cases like this (i.e. free).
I should also point out that you cannot simply get a passport and run away (please please don't do this). That creates more problems than it solves and could end up in a Hague Convention on Child Abduction situation where the UK authorities would strip your child from you and send them back on a plane for US custody hearing. Something I'm sure you would like to avoid.
There is a UK-based organization you might want to contact called Reunite.org. They deal with cross border child custody issues and can give some guidance on what to do, and not do in a situation like this.
But as I mentioned--first things first--get safe, and then start the planning to do this right.
Good luck.
Sep 3rd 2012, 8:08 am
#4
MODERATOR
Joined: Nov 2006
Location: Hong Kong, mostly.
Posts: 5,214
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Hi,
Basically there are two issues that will need to be sorted: custody and a passport.
It sounds from your updates (thanks for those) that he is somewhat amenable to allowing you to take your child overseas. Strike while the iron is hot! You should contact a legal aid group or a lawyer quickly and see if you can get a 'custody letter' drafted. You can get him to sign this, preferably in the presence of a notary or an attorney. I think your attorney would then advise you to get legal custody by having a court approve that. In many states this is considered an "uncontested child custody case" and is a fairly routine process. You can then put this issue out of your mind and move forward on the next steps.
I know that sounds like a lot of hassle, but you really don't want this to come back and hit you once you get home. This is one of those things it's best to clear up, formally, while you still have the right to stay in the US. I'd hate for you to leave, then for him to launch a Hague Convention motion (which he can do for free using an online website with the State Department) and then you have to find the way to get back into the USA to defend your case. Doesn't sound like it's something in his mind right now, but people can change and/or act out of spite once things have gone a few weeks or months.
If he is willing to sign, you can get this out of the way within a matter of days more than likely and move to the passport issue.
I'm going to have to defer to some of the other members on the specifics of overseas births / registration / passports / citizenship. I'm really not that up on all of those parts. Are you a full British citizen yourself, or were you British by descent / born overseas (I'm not sure if it makes a difference but others might want to know).
Does the child have a US passport yet? Those can be difficult to obtain unless both parents are willing to sign (when you get the custody letter signed you might also get that passport sorted as well).
As a US citizen, there are a few other things your child will need to remember:
1) must register for military service at age 18 (i.e. the draft). No one has been drafted in 40 years but there is still this requirement.
2) must file US taxes every year they earn money (but basically will not owe any money given all the credits/exemptions).
3) must report any foreign bank account with > $10,000 USD in it. FBAR.
4) must enter the US on their US passport (so if he comes to visit his father one day that's something that will be necessary).
Basically there are two issues that will need to be sorted: custody and a passport.
It sounds from your updates (thanks for those) that he is somewhat amenable to allowing you to take your child overseas. Strike while the iron is hot! You should contact a legal aid group or a lawyer quickly and see if you can get a 'custody letter' drafted. You can get him to sign this, preferably in the presence of a notary or an attorney. I think your attorney would then advise you to get legal custody by having a court approve that. In many states this is considered an "uncontested child custody case" and is a fairly routine process. You can then put this issue out of your mind and move forward on the next steps.
I know that sounds like a lot of hassle, but you really don't want this to come back and hit you once you get home. This is one of those things it's best to clear up, formally, while you still have the right to stay in the US. I'd hate for you to leave, then for him to launch a Hague Convention motion (which he can do for free using an online website with the State Department) and then you have to find the way to get back into the USA to defend your case. Doesn't sound like it's something in his mind right now, but people can change and/or act out of spite once things have gone a few weeks or months.
If he is willing to sign, you can get this out of the way within a matter of days more than likely and move to the passport issue.
I'm going to have to defer to some of the other members on the specifics of overseas births / registration / passports / citizenship. I'm really not that up on all of those parts. Are you a full British citizen yourself, or were you British by descent / born overseas (I'm not sure if it makes a difference but others might want to know).
Does the child have a US passport yet? Those can be difficult to obtain unless both parents are willing to sign (when you get the custody letter signed you might also get that passport sorted as well).
As a US citizen, there are a few other things your child will need to remember:
1) must register for military service at age 18 (i.e. the draft). No one has been drafted in 40 years but there is still this requirement.
2) must file US taxes every year they earn money (but basically will not owe any money given all the credits/exemptions).
3) must report any foreign bank account with > $10,000 USD in it. FBAR.
4) must enter the US on their US passport (so if he comes to visit his father one day that's something that will be necessary).
Sep 3rd 2012, 10:33 am
#5
Just Joined
Thread Starter
Joined: Sep 2012
Posts: 7
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
I am a full british citizen born and bred. And no my son has no passport yet. But was told i can file for a british passport on the count he he british by default through myself. But just need to make sure Thankyou for your help
Sep 3rd 2012, 12:58 pm
#6
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,023
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Hi,
Basically there are two issues that will need to be sorted: custody and a passport.
It sounds from your updates (thanks for those) that he is somewhat amenable to allowing you to take your child overseas. Strike while the iron is hot! You should contact a legal aid group or a lawyer quickly and see if you can get a 'custody letter' drafted. You can get him to sign this, preferably in the presence of a notary or an attorney. I think your attorney would then advise you to get legal custody by having a court approve that. In many states this is considered an "uncontested child custody case" and is a fairly routine process. You can then put this issue out of your mind and move forward on the next steps.
I know that sounds like a lot of hassle, but you really don't want this to come back and hit you once you get home. This is one of those things it's best to clear up, formally, while you still have the right to stay in the US. I'd hate for you to leave, then for him to launch a Hague Convention motion (which he can do for free using an online website with the State Department) and then you have to find the way to get back into the USA to defend your case. Doesn't sound like it's something in his mind right now, but people can change and/or act out of spite once things have gone a few weeks or months.
If he is willing to sign, you can get this out of the way within a matter of days more than likely and move to the passport issue.
I'm going to have to defer to some of the other members on the specifics of overseas births / registration / passports / citizenship. I'm really not that up on all of those parts. Are you a full British citizen yourself, or were you British by descent / born overseas (I'm not sure if it makes a difference but others might want to know).
Does the child have a US passport yet? Those can be difficult to obtain unless both parents are willing to sign (when you get the custody letter signed you might also get that passport sorted as well).
As a US citizen, there are a few other things your child will need to remember:
1) must register for military service at age 18 (i.e. the draft). No one has been drafted in 40 years but there is still this requirement.
2) must file US taxes every year they earn money (but basically will not owe any money given all the credits/exemptions).
3) must report any foreign bank account with > $10,000 USD in it. FBAR.
4) must enter the US on their US passport (so if he comes to visit his father one day that's something that will be necessary).
Basically there are two issues that will need to be sorted: custody and a passport.
It sounds from your updates (thanks for those) that he is somewhat amenable to allowing you to take your child overseas. Strike while the iron is hot! You should contact a legal aid group or a lawyer quickly and see if you can get a 'custody letter' drafted. You can get him to sign this, preferably in the presence of a notary or an attorney. I think your attorney would then advise you to get legal custody by having a court approve that. In many states this is considered an "uncontested child custody case" and is a fairly routine process. You can then put this issue out of your mind and move forward on the next steps.
I know that sounds like a lot of hassle, but you really don't want this to come back and hit you once you get home. This is one of those things it's best to clear up, formally, while you still have the right to stay in the US. I'd hate for you to leave, then for him to launch a Hague Convention motion (which he can do for free using an online website with the State Department) and then you have to find the way to get back into the USA to defend your case. Doesn't sound like it's something in his mind right now, but people can change and/or act out of spite once things have gone a few weeks or months.
If he is willing to sign, you can get this out of the way within a matter of days more than likely and move to the passport issue.
I'm going to have to defer to some of the other members on the specifics of overseas births / registration / passports / citizenship. I'm really not that up on all of those parts. Are you a full British citizen yourself, or were you British by descent / born overseas (I'm not sure if it makes a difference but others might want to know).
Does the child have a US passport yet? Those can be difficult to obtain unless both parents are willing to sign (when you get the custody letter signed you might also get that passport sorted as well).
As a US citizen, there are a few other things your child will need to remember:
1) must register for military service at age 18 (i.e. the draft). No one has been drafted in 40 years but there is still this requirement.
2) must file US taxes every year they earn money (but basically will not owe any money given all the credits/exemptions).
3) must report any foreign bank account with > $10,000 USD in it. FBAR.
4) must enter the US on their US passport (so if he comes to visit his father one day that's something that will be necessary).
Sep 3rd 2012, 1:06 pm
#7
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,023
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
As your son is a US citizen he is legally required to leave and enter the US using a US passsport. From what you have said your son is probably British by decent. Ideally he should enter the UK with a UK passport otherwise he will be admitted as a visitor. Did you register his birth with the UK embassy in DC?
Sep 3rd 2012, 2:30 pm
#8
MODERATOR
Joined: Nov 2006
Location: Hong Kong, mostly.
Posts: 5,214
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
As your son is a US citizen he is legally required to leave and enter the US using a US passsport. From what you have said your son is probably British by decent. Ideally he should enter the UK with a UK passport otherwise he will be admitted as a visitor. Did you register his birth with the UK embassy in DC?
Sep 3rd 2012, 3:13 pm
#9
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,023
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
From what I've read in past threads he can. Probably be a good idea to carry proof that he is a UK citizen...ie consular birth certificate...if possible. There's lots of threads/posts about this.
Sep 3rd 2012, 8:06 pm
#10
Joined: Feb 2002
Posts: 6,848
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
My son has his birth certificate and ssn number for here etc.
I have been living in my sons room with him for 3 years as the relationship broke down and my ex has angry screaming outbursts.
I am planning on returning to the UK to live and want to bring my son with me. I need to know what i need to apply for to be able to do this. ie british passport or register him as a brit. All these web sites are telling me different things and its kind of blowing my mind.
Your son *must* leave and enter the US on an American passport (this is US law for all US citizens) - and you will need his father to sign the passport application form. The form is available at a US Post Office and you can apply for the passport at the PO too.
It is expensive and time-consuming to apply for a British Passport in the USA or anywhere outside the UK; all applications from North America in any case are sent by the Embassy in Washington DC to the UK to be printed and are then mailed back to the US. The current cost of a child's 5 year passport is US$134 plus US $33 courier fee.
I would therefore suggest that you may think about applying for a Consular Birth Certificate. The advantage of this is that he will be registered 'for life'. If you just apply for a British Passport and it becomes lost/stolen/destroyed/expired you may have problems getting a replacement in say 30 or 40 years time and can only show that he was born in the US and has a US birth certificate only and can't get hold of your documents. It will be more expensive than a 5 year passport but in the long run if your son settles in the UK will probably be more useful for ID purposes eg. when applying for school registration, National Insurance number, new British passport if the original is lost etc.
Your son can then leave the US with you on his US passport but when you arrive at UK Border Control you can produce his Consular Birth Certificate to show that he is a British Citizen and has the right to live in the UK. You may then apply for a British Passport for your son once you have moved back to the UK.
Here are the official links from the British Embassy in Washington DC
How to apply for a British Consular Birth Certificate:
http://ukinusa.fco.gov.uk/en/help-fo...-registration/
Notes for the above:
http://ukinusa.fco.gov.uk/en/help-fo...on/notes-birth
Application Form to Register a Birth
http://ukinusa.fco.gov.uk/en/help-fo...h-registration
Sample copy of application to register a birth:
http://ukinusa.fco.gov.uk/en/help-fo...py-application
On the other hand, if you do decide to get a British Passport only, then this is the link:
British Passports
http://ukinusa.fco.gov.uk/en/help-fo...als/passports/
http://ukinusa.fco.gov.uk/en/help-fo...w-to-apply/usa
Hope this helps
Sep 3rd 2012, 9:39 pm
#11
The Kwisatz Haderach
Joined: Aug 2008
Location: North Wales
Posts: 8,080
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
US passports, both parents and the child have to be present to apply.
British Registration of birth abroad certificate is very expensive, it would be cheaper to get the UK passport and register the birth, then collect the certificate in UK for a lot less.
British Registration of birth abroad certificate is very expensive, it would be cheaper to get the UK passport and register the birth, then collect the certificate in UK for a lot less.
Sep 4th 2012, 1:02 am
#12
Joined: Feb 2002
Posts: 6,848
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
Here is a cautionary report as to why all UK citizen expats should get a British Consular birth certificate for their children:
http://www.dailymail.co.uk/news/arti...rtificate.html
http://www.dailymail.co.uk/news/arti...rtificate.html
Sep 4th 2012, 1:06 am
#13
Just Joined
Thread Starter
Joined: Sep 2012
Posts: 7
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
So if what i am reading and understanding is correct.......
I can apply and get him a british passport and register his birth in england when we get home?
And then have a letter of consent from his father for him to live with me there? Or simple custody agreement?
I can apply and get him a british passport and register his birth in england when we get home?
And then have a letter of consent from his father for him to live with me there? Or simple custody agreement?
Sep 4th 2012, 1:08 am
#14
Just Joined
Thread Starter
Joined: Sep 2012
Posts: 7
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
I am just trying to figure out the quickest way to get this done without wasting too much time. My brother is not doing good and i need to also be home to be with him.
I appreciate all the help this has all just boggled my mind and no matter who i email just get passed around or say they cannot help
I appreciate all the help this has all just boggled my mind and no matter who i email just get passed around or say they cannot help
Sep 4th 2012, 1:59 am
#15
MODERATOR
Joined: Nov 2006
Location: Hong Kong, mostly.
Posts: 5,214
Re: Please Help ~ Advice On Bringing 3yr Old Son To Uk To Live
To get your US passport, you need:
1) both parents to appear in person when you apply for the passport (which is done at many, but not all post offices), or:
2) One parent plus the other parent having signed and notarized form DS 3053, (http://travel.state.gov/passport/for...s3053_846.html) or:
3) One parent plus a court order saying you have sole legal custody / a court order saying you have the right to international travel.
http://travel.state.gov/passport/get...tml#step7minor
As I've mentioned above, my advice is to get a court order of custody and settle this matter once and for all. An attorney / legal aid group can sort this out very quickly and you would have:
a) a consent letter that you have sole custody.
b) a consent letter that you can take the child overseas.
c) a signed copy of the passport form DS 3053 (just in case) or have him show up at the post office when you apply.
All need to be notarized. You can have a notary come with you to get them signed. Once that is done your lawyer will goto the court and get the custody sorted and you'll not have to worry about that again.
I'd really recommend talking to the legal aid folks. Did you find any in the phone book where you live? This is slightly more than a DIY project with the help of a messageboard. You should talk to some professionals to make sure you don't waste time or money.
1) both parents to appear in person when you apply for the passport (which is done at many, but not all post offices), or:
2) One parent plus the other parent having signed and notarized form DS 3053, (http://travel.state.gov/passport/for...s3053_846.html) or:
3) One parent plus a court order saying you have sole legal custody / a court order saying you have the right to international travel.
http://travel.state.gov/passport/get...tml#step7minor
As I've mentioned above, my advice is to get a court order of custody and settle this matter once and for all. An attorney / legal aid group can sort this out very quickly and you would have:
a) a consent letter that you have sole custody.
b) a consent letter that you can take the child overseas.
c) a signed copy of the passport form DS 3053 (just in case) or have him show up at the post office when you apply.
All need to be notarized. You can have a notary come with you to get them signed. Once that is done your lawyer will goto the court and get the custody sorted and you'll not have to worry about that again.
I'd really recommend talking to the legal aid folks. Did you find any in the phone book where you live? This is slightly more than a DIY project with the help of a messageboard. You should talk to some professionals to make sure you don't waste time or money.