question minor's passport

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kanwar

Registered Users (C)
Question about minor's passport
I have posted this message under passport category too but I believe this forum might get more attention under this thread.

I am applying for my minor son’s passport based on my recent naturalization .My son is 10 yrs and I am his biological father however he is from my first wife, with whom I broke up around 9 years back as per divorce decree (court orders). I again got married and my son is living with us from the last seven years. My first wife ha snever been in US and my son is driving status from me. With this scenario, I have following questions while I am preparing for his paperwork for US passport:
1. On passport application (DS-11) Column 10 should I write my current wife’s name as mother’s name?
2. one of the condition while applying for the minor’s passport is that both the parent should consent and be present physically while submitting application. Should my current wife will sign form of consent at 4a in DS3053 or I have to fill out part 4b , in that case who will sign in front of notary public?
Thanks for your help
 
What it says is that out of wedlock --- child was born -- date of birth and is living with me. will that be good enough? However I read all info it does not explicitly mention particulary that I have been granted custody (at least in that language). What you suggest
 
Further to add I have submitted the cour paper while processing mine as well as my son's GC. If that matters?
 
kanwar said:
What it says is that out of wedlock --- child was born -- date of birth and is living with me.
Click to expand...

Probably not. I am NOT a Lawyer but you will need something from a Court that transferred custody from the child's Mother to your current wife. The simple thing for that would be adoption. You and your wife adopt your son so she legally becomes the Mother.

The thing is I suspect the risk my not be that great to use your current wife's name as the Mother on the Passport, but that's a risk you would have to weigh carefully. Caught lying on a Passport application could have serious repercussions.

Under Common Law in most states, the 7 year marriage **might** be sufficient to grant a simple adoption without the real Mother's OK, AND **providing** the child's birth Mother has never lodged anything regarding custody. That would probably include lodging in her home country.

The "living with you" section is implied Custody for you, as you are the Father. That does not indicate that your current wife has custody and therefor the status of Mother.

Best advice, speak to a Lawyer. This case is too complicated to get good advice here.
 
I wish I had an answer, as far as I can see you have full custody of the child and the mother doesn't even live in the US. I don't see why they wouldn't issue a passport for the child. However, I don't know how to fill out the form in that aspect of who the mother is. I would say if your current wife hasn't legally adopted the child it would be wrong to list her as the mother. If you don't get a good answer in the forum I would try to find a good passport acceptance agent at a post office or go to a passport agency and explain the case. I think the reason they need both parents to show up is to avoid cases of rogue parents unilaterally taking a child to another country. In your case this is clearly not a problem so there should be an easy fix. Good luck.
 
Thanks for all input. I know in my case easiest way will be to consult lawyer, however before taking that recourse, If someone can share the experience if they got the passport for minor after divorcing the biological mother that will be really great. At least it will provide me basis I need to discuss with an attorney about that instead of just getting a point blank. Honestly I am also looking it as an expensive proposition to have an attorney for a truthful and straightforward case.
Thanks a million.:confused::confused:
 
hey,
u sound like the divorce didnt take place here in the u.s.well they need a letter from court weather here in the u.s or a notorize letter from ur ex wife stating u have full custody of the child and that she cant be around for that.period
 
Yes you are right divorce take place out of US. I don’t have any contact with my previous wife, moreover I am not so sure if she will be ready to help me or not? Just in case I need to try; she signed the 2035 form and I get it notarized from out of US and enclose it with passport application. Is that right?
Thanks.
 
If your wife has not legally adopted your son, she is not your son's mother, your first wife is. Your wife is his step-mother and is not legally related to him, whether or not she has custody (actual or legal). She would only need to sign the form if she is a LEGAL guardian by court order or similar officially filed document.

If the mother is out of the country and unavailable doesn't need to unless she has joint custody of the child. Custody should probably have been established in your divorce decree, so you will probably want to have a copy and translation if necessary of the divorce decree giving you sole custody of your son. If she has custody then you are going to run into problems, if not in getting the passport, then further along down the road, and you will probably need to hire a lawyer and file for custody in your local family court.
 
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