Getting a US Passport for my daughter

[Jon&Anna 3]

My wife and her daughter became US citizens in April and applied for US passports in May.  My wife has sole custody of her daughter, however the state department says that she needs the approval of her ex husband to get her daughter a passport because he is listed on her birth certificate.  Her ex is a Singapore citizen and he is not being cooperative.  He will not agree to sign the form and give permission for his daughter to get a US passport.  The passport website says my wife can get a passport for her daughter without the father's permission if she has sole custody, which she does, but the letter we received said that is not true.  Does anyone have advice on how we can get a passport for my daughter without her father's permission?

[Mike E 11,739]

Did your wife fill out https://eforms.state.gov/Forms/ds5525.pdf as well as the passport application for her daughter?

Edited July 1, 2022 by Mike E

[arken 4,197]

Did she provide a copy of the sole custody document when applying for the kid's passport? The letter you received could be a generic letter asking for parental consent. Does it specifically say sole custody isn't accepted? 

Edited July 1, 2022 by arken

[Verrou 1,962]

if she has sole custody,  tell her to submit the letter. 

[Jon&Anna 3]

14 minutes ago, arken said:

Did she provide a copy of the sole custody document when applying for the kid's passport? The letter you received could be a generic letter asking for parental consent. Does it specifically say sole custody isn't accepted? 

Yes, we submitted the sole custody document from the court when we applied.

[Jon&Anna 3]

5 minutes ago, Misscloud said:

if she has sole custody,  tell her to submit the letter. 

Yes, she submitted it with the application, but they said since the dad's name is on her birth certificate we still need his approval.

[Jon&Anna 3]

18 minutes ago, Mike E said:

Did your wife fill out https://eforms.state.gov/Forms/ds5525.pdf as well as the passport application for her daughter?

We have not completed this form, but we can try it. We submitted the sole custody from the court, but received a letter saying they still need the father's permission because he is on the child's birth certificate. My wife called the state department to explain the situation, but they said without his permission they can't issue a passport. 

[arken 4,197]

In that case yeah go with DS5525. Hopefully with sole custody document and that form, they'll issue the passport.

[JeanneAdil 6,505]

print out the website page that has that direction and send it in with the form

[Jon&Anna 3]

18 minutes ago, JeanneAdil said:

print out the website page that has that direction and send it in with the form

That's a good idea. We can try that.

[jan22 3,056]

How exactly is the sole custody order worded?  There have been issues if the custody order is for "physical" custody only (and there is no statement like "full legal custody") and the non-custodial parent maintains visitation rights.  If it grants sole "legal" custody, that should have been sufficient.

Edited July 1, 2022 by jan22

[Jon&Anna 3]

5 minutes ago, jan22 said:

How exactly is the sole custody order worded?  There have been issues if the custody order is for "physical" custody only (and there is no statement like "full legal custody") and the non-custodial parent maintains visitation rights.  If it grants sole "legal" custody, that should have been sufficient.

The custody agreement says my wife has sole care, control, and custody of her daughter. 

[jan22 3,056]

34 minutes ago, Jon&Anna said:

The custody agreement says my wife has sole care, control, and custody of her daughter. 

That should have been sufficient -- although likely not the exact language the adjudicator was looking for (they like phrases like "sole legal and physical" custody).  But inclusion of "control" would seem to cover that.  However, does the father still have visitation rights (whether he actually visits or not)?  If so, they might still question the wording and want either a DS-3053 (approval from the non-applying parent) or the DS-5525 to explain why you can't get the father's permission as others have advised.

Edited July 1, 2022 by jan22

[Jon&Anna 3]

4 minutes ago, jan22 said:

That should have been sufficient -- although likely not the exact language the adjudicator was looking for (they like phrases like "sole legal and physical" custody).  But inclusion of "control" would seem to cover that.  However, does the father still have visitation rights (whether he actually visits or not)?  If so, they might still question the wording and want either a DS-3053 (approval from the non-applying parent) or the DS-5525 to explain why you can get the father's permission as others have advised.

The court document says the father has reasonable access in case he wants to visit the child in the US. Her father said he won't grant permission for her to get a US passport, so we are trying to find a way around needing his permission. 

[jan22 3,056]

Just now, Jon&Anna said:

The court document says the father has reasonable access in case he wants to visit the child in the US. Her father said he won't grant permission for her to get a US passport, so we are trying to find a way around needing his permission. 

The only recourse, then, is to try to make your case via the DS-5525 and explain why you cannot obtain the father's permission. 

 

Is he aware, BTW, that as a US citizen, his/your daughter must now use a US passport to enter or leave the US (until she is 16 and can apply for her own passport without parental signatures, at least)?