Can I get my son a passport without the consent of his father?
Question Details:
I have sole physical and joint legal custody with tie breaking authority of my son. His father had supervised visitation which was suspended in August of 09. He has had no contact with the child. Do I need his signature to get a passport for my son?
i'm a family law attorney in Maryland. you don't need his signature to get the passport. But i would urge you to contact the father and let him know of your intentions to obtain the passport. Trye & Associates.
No, you don't need it. If you want to make sure that you do this 100% properly, you should let the father know what you plan to do, and give him a week to respond. Then, you can go ahead and do it, whether he agrees or not.
This has nothing to do with whatever caused the visitation to be suspended, or the lack of contact since. Joint legal custody means that except for emergency situations, you "consult" with the other parent before doing something like this. Being the primary physical custodial parent gives you the tie-breaker, so that you can go ahead even if the other parent disagrees -- but, in the eyes of the court, the consultation is important, even if as a practical matter it's often not meaningful. You are clearly "the good parent" in the court's eyes at this point, and that's worth preserving.
