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I am in Texas and I have a divorce decree that says I am the sole managing conservator of our child, hence the father is a posessory conservator.

 

It was stated in our divorce decree that I have the right to maintain and apply for a passport. But once applied I need to inform the father after and if his consent is needed, he is ordered to reply within 10 days of the request.

 

I submitted my child's passport application with my divorce decree and the passport office is not honoring that I am the sole managing conservator. They are saying my decree has contradictory language that even if I can apply and maintain they need the fathers consent.

 

Now I am asking the father to sign the consent but he is saying he works in a remote area and cannot comply with such request because work does not let him leave the site.

 

I fully do not understand why the agency is asking for father's consent when it was clearly stated that I can apply for it and I am the sole managing conservator. I also decide where the child will live.

 

I do not know how to go about this problem, since when I called the agency they are asking for a sole custody decree or if there is none, get the father to sign the consent. I told then my divorce decree has a custody order but the person was not willing to help.

 

Is sole managing conservator not enough to be able to apply without the fathers consent?

 

Please enlighten me with my problem.

 

I am planning for a summer vacation and he would need a passport to do so.

 

 

 

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The instructions are quite clear what's needed: https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html

Step 5 - more documents is what you want to follow. If father is working at a remote area (not all the time, there has to be some sort of a break - complete the required form and notarize it (any bank has a notary, even UPS stores have notary services). 

ROC 2009
Naturalization 2010

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