Would love advice about passport

[ewilchek]

Hello, My ex boyfriend and I have a daughter who is now 5. We have been seperated since she was 6 mo. old. He has never been apart of her life, and has been incarcerated for about 1.5 years. I am going on a cruise and it is required to have a passport for my daughter. Is there anyway I can bypass him, or revoke his custody? What would the process be? Thank you, Emily

 

[BayState]

Hello, My ex boyfriend and I have a daughter who is now 5. We have been seperated since she was 6 mo. old. He has never been apart of her life, and has been incarcerated for about 1.5 years. I am going on a cruise and it is required to have a passport for my daughter. Is there anyway I can bypass him, or revoke his custody? What would the process be? Thank you, Emily

What does the custody order state?

 

[ewilchek]

We don't currently have any custody paperwork, only paper from the state requireing him to pay childsupport. He has never paid and I filed several years ago. He does not have visitation.

 

[ohiogranny]

Since you have sole legal custody, you shouldn't need his signature on a passport application. He has no custody to revoke. The problem may be proving you have sole.

See this:

http://travel.state.gov/passport/get/minors/minors_834.html

See step 5. If you are the only one on the child's birth certificate, you're ok.
If he's on it, I'm not sure what documenation you can supply to prove you're the sole custodian. You may need a court order.