Passport for 16 year old/Legal Custody Document

[pixie77 2]

Hi Everyone.

I am hoping to find someone who is familiar or has gone through a similar situation as we are going through right now and can guide me as to how to proceed with our situation regarding my daughter’s passport application.

 

My daughter is 16 years old born in the Philippines. Her father was on her birth certificate as I was married to him when she was born. We were married in the Philippines and separated in 2003. He lives in the Philippines and has not visited the US.

 

In 2008, I divorced him in NY. He signed the divorce papers and waived his right to contest. We had no custody decree or agreement stipulated on our divorce and there is a line on our divorce decree stating this.

 

Remarried in 2010, my USC husband petitioned her and after all immigration processing were approved, she arrived in the US in 2011. I became a US citizen in 2014. She is deriving citizenship from me as a minor.

 

We applied for her passport a few weeks ago, and now we got a letter from the Department of State asking for more paper work addressing custody.

                                               
It was only last year where her father sent her a couple of messages through FB. But it wasn’t substantial, just a hi & hello. He doesn’t call her or send any kind of support. My husband and I make the decisions when it comes to school and medical situations.

 

To go to court for custody is too expensive, a couple of lawyers quoted us around $4,000 minimum initial cost and a lengthy process with no guarantees.

 

My hope is to comply with the 3rd bullet evidence. In this case from a STATE AGENCY presuming legal custody.

 

Has anyone experienced something like this? How did you proceed? What do you suggest I do?

Is the school district considered a State Agency? I was thinking it is and thought of requesting the school district to give us a letter indicating her attendance and my husband and I are listed on her school forms as her parents.

Does anyone know of a statute regarding presumed legal custody? I know this is a question for a lawyer, but with the lawyers we’ve consulted it felt like we needed to retain them to get a clear cut answer to our question. I have been looking into this too,  but so far have not found anything yet for NY state.

 

We have 90 days to comply. It is so frustrating as you can imagine. All your inputs will be greatly appreciated. Really, whatever little hope I can get from all you I will truly be grateful. Feel free to message me. After all the exhaustive immigration process, we’ve come to this. It’s exasperating! 

Please help.

 

 

[Ontarkie 14,223]

 

Oh man I didn't see the part you already applied. 

 

Ok well school district is not who they are talking about. What forms did you use to get her here from the PI? Most of the time sole custody or a letter of consent from the father is needed.

Edited November 29, 2017 by Ontarkie

[Ontarkie 14,223]

The other option is to let her apply on her own. 

 

https://travel.state.gov/content/passports/en/passports/16-and-17.html did this with my daughter so much easier then the bull I had to do with my youngest boy. 

[pixie77 2]

Thanks for your reply, Ontarkie.

 

Nothing was asked regarding custody during immigration process. I just gave my divorce decree. 

 

She applied on her own, I went with her to give my naturalization certificate and my ID. 

[pixie77 2]

I brought up the school district because it is under the Department of Education which is considered a State Agency. The 3rd bullet point states a competent authority certifying that your state or country of residence presumes that you are in the legal custody of your US citizen parent. I am still researching/looking for the statute relevant to this.

[Randyandyuni 2,682]

I am currently in the process of adopting my step son, if the father has not materially supported the child and maintained basically no contact with the child the letter you have that he signed should be sufficient to relinquish his parental rights(at least in Ohio, it doesvary by state). My legal costs are $1000 + court fees of arund $500.

 

[pixie77 2]

Thanks, Randy! 

 

After speaking to the representative at the Departments of State, we decided to acquire the services of a lawyer. 

 

I will update this thread as to our process as soon as the documents have been prepared and submitted to benefit those who are in the same boat as I am.

 

i cannot wait to get this over with really. 

 

 

[Randyandyuni 2,682]

47 minutes ago, pixie77 said:

Thanks, Randy! 

 

After speaking to the representative at the Departments of State, we decided to acquire the services of a lawyer. 

 

I will update this thread as to our process as soon as the documents have been prepared and submitted to benefit those who are in the same boat as I am.

 

i cannot wait to get this over with really. 

 

 

My pleasure, best of luck

[Omarov2009 11]

Hi all I am in the same boat but my son's father signed form DS3053 and sent me a letter give me the full custody signed by a lawyer but its not a court order from his country.. I sent all of these papers with my son's passport application but they sent me same letter asked me to approve custody. I dont know what I should do now😞

[Bart R. 1]

Hi pixie77,  have you made any progress on your daughter's case?  My wife is in a similar situation.  There were never any custody orders in place before her kids immigrated with her (she has since naturalized).  The kids' dads have agreed to sign the DS-3053, but I'm worried that we'll get the same letter back from the State Dept. after we submit their passport applications.  Did you have to get a court order concerning custody, or is some other kind of documentation sufficient?

[zoom123 7]

On 1/25/2018 at 10:49 PM, Bart R. said:

Hi pixie77,  have you made any progress on your daughter's case?  My wife is in a similar situation.  There were never any custody orders in place before her kids immigrated with her (she has since naturalized).  The kids' dads have agreed to sign the DS-3053, but I'm worried that we'll get the same letter back from the State Dept. after we submit their passport applications.  Did you have to get a court order concerning custody, or is some other kind of documentation sufficient?

Hi Guys, I have the same issue. I submitted my application along with my son. The Passport center guy add naturalizaiton copy to my son and written a note that original is with father xxxxx. Also he took copy of my son GC, my ID, his school id etc.

I received my passport within a two week. I got an email yesterday for my son requesting documents like

Father naturalization certificate (original),  Green Card (original) and document for legal custody. 

I'm waiting for my original certificate.

We don't have legal custody document as we got divorced but after couple years we remarried again. I don't know how to respond them, any advise guys.

Thanks,

[zoom123 7]

On 2/1/2018 at 10:37 AM, zoom123 said:

Hi Guys, I have the same issue. I submitted my application along with my son. The Passport center guy add naturalizaiton copy to my son and written a note that original is with father xxxxx. Also he took copy of my son GC, my ID, his school id etc.

I received my passport within a two week. I got an email yesterday for my son requesting documents like

Father naturalization certificate (original),  Green Card (original) and document for legal custody. 

I'm waiting for my original certificate.

We don't have legal custody document as we got divorced but after couple years we remarried again. I don't know how to respond them, any advise guys.

Thanks,

Update: I called customer Service and put a request to call the person who have my son file. He call me after a day and he said after my passport released they send my naturalization certificate to him. He said just send us Greed card, and marriage certificate  ( or Divorce Decree) in original. I priority mailed on Saturday, it will reach on Monday. I will update you guys the outcome.

[zoom123 7]

Just an update: I got my son Passport after I called and expedite the passport after paying $70.00.

[Omarov2009 11]

I have a question .. I have a full custody from my home country and my son's father lives there. Does it work here in USA? 

[zoom123 7]

12 hours ago, Omarov2009 said:

I have a question .. I have a full custody from my home country and my son's father lives there. Does it work here in USA? 

Yes, Did you submitted application for his passport? If not while submitting please include your naturalization certificate, his birth certificate, Green card, and Custody documents or Divorce documents where it should mention you hold the custody.

All should be in Originals. ( Keep a  color copy  or scanned doc with you)

If he is under 16 then your state ID copy, if under 16-18 then if he holds a school ID copy will be good.

I got all original docs along with a letter telling they kept the green card as he doesn't required one as he holds the passport as his citizenship proof in the same passport envelop.