How can I apply for my baby's passport if the biological father cannot be found? 9 Answers as of November 01, 2012

My brother’s wedding will be next year. My baby is 2 years old and I would like to take him to Mexico as well. His biological father was never in the picture but he is on the birth certificate I did put in child support but they haven’t been able to find him. How can I apply for his passport? If bio father can’t be found? I’ve been living with my fiance seems my baby was 7 months old.

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Will probably need to go back to the court which issued the child support order and ask for a court order allowing you to make application for and possess a passport for your child without the biological fathers permission or signature.
Answer Applies to: Michigan
Replied: 11/1/2012
Law Office of Eric S. Lumberg | Eric S. Lumberg
Do you have a paternity action with a custody order in place? If so, or if not, one can be obtained, the Court can sign an order allowing you to obtain a passport without the consent of the father. This would have to be done by filing a motion with the Court.
Answer Applies to: Michigan
Replied: 10/31/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The partial answer is that you will need to get a court order giving you sole legal authority for everything affecting the child without the need for the other parent's consent and including the authority to travel outside the US. Even after you get that passport, however, you need to check with the US State department and the Mexican consulate offices to be certain you will be able to take the child in and out of Mexico because Mexico is very strict about requiring children under 18 to have a letter of consent signed by the other parent when the child is only traveling with one parent. The State Department website is unclear about whether that requirement can be overcome by a court order.
Answer Applies to: Colorado
Replied: 10/31/2012
Hanna Legal, LLC
Hanna Legal, LLC | Jen Hanna
If you're in Wisconsin, the easiest solution would be to file with the court asking for sole legal custody, at least with respect to obtaining a passport. You'll probably need to work with an attorney to ensure that proper notice is given to the father. The type of notice needed will depend on what (if anything) has happened in court up until now.
Answer Applies to: Wisconsin
Replied: 10/31/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You will have to get a court order showing you have sole custody that way the father's signature is not required.
Answer Applies to: Illinois
Replied: 10/31/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Terminate the biological father's parental rights.
    Answer Applies to: Nevada
    Replied: 10/31/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You would have to file for a court order and request the Court order a passport be issued. You'd need to file a paternity action and file for a hearing to get permission to serve him by publication. Forms change at the end of the year and it'll be easier to do after January. Opinion not legal advice.
    Answer Applies to: California
    Replied: 10/31/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to serve him by publication.
    Answer Applies to: California
    Replied: 10/31/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Ask the passport people at the county courthouse. Find out what will be accepted.
    Answer Applies to: Florida
    Replied: 10/31/2012
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