Getting passport for child with absent dad - Form DS-3053

Hi everyone-

I'm hoping someone on this board might have some experience with this they might be able to share.

My family is traveling to Alaska in June with my parents. My parents have recently decided to invite my 8-year-old nephew, their grandson, to go with us. Unfortunately, he doesn't have a passport and I'm afraid getting him one might be difficult. His father disappeared not long after he was born and has never paid child support. His mother has no idea where dad is. She's called a couple of his family members and either they don't know where he is or they aren't saying. Unfortunately, his mom has never legally established sole custody and dad's name is on the birth certificate. We've read through all the passport requirements from the State Department and has found Form DS-3053 which is supposed to be used when the non-applying parent's permission cannot be obtained. There doesn't seem to be a lot of specific info required on this form - just a big box for a statement of special circumstances.

Has anyone used this form in the past? Any experience or advice? Since the cruise is in less than 3 months, I'm afraid my parents are going to spend a lot of money on cruise and airfare, only to have him not be able to go due to passport issues.

Thanks

Leslie

That form is the one to use, particularly in cases such as the one you have described where the absent parent has made no contact with the child. Just clearly state the same information, date of last contact, last known whereabouts, what has been done to try and find him, who (and when) in his family was contacted to try and establish his current location, etc. Payment of child support is probably irrelevant for this case unless it establishes a last known location and date. Go ahead and have your sister (?) apply for your nephew's passport now, so that if there IS a delay, it can be resolved before the cruise final payment deadline.

LBNL, possession of a passport does not automatically give travel permission; although rarely asked for, a travel permission letter can be requested if a child is not accompanied by both parents. Your sister really should legally clear up the custody matter. It probably won't be an issue for the cruise, because those travel letters are rarely requested if the child is travelling with one parent and/or grandparents, but it could become a problem in the future.

I would also suggest giving them a call, explaining the situation and see if there is anything else needed. The contact # for the Nat'l Passport Info Center is: 1-877-4-USA-PPT (1-877-487-2778)

They are VERY couritious and helpful.....I called before applying for our daughter's passport who was adopted from China and just wanted to make sure I had everything in order to apply.

That form is the one to use, particularly in cases such as the one you have described where the absent parent has made no contact with the child. Just clearly state the same information, date of last contact, last known whereabouts, what has been done to try and find him, who (and when) in his family was contacted to try and establish his current location, etc. Payment of child support is probably irrelevant for this case unless it establishes a last known location and date. Go ahead and have your sister (?) apply for your nephew's passport now, so that if there IS a delay, it can be resolved before the cruise final payment deadline.

 

LBNL, possession of a passport does not automatically give travel permission; although rarely asked for, a travel permission letter can be requested if a child is not accompanied by both parents. Your sister really should legally clear up the custody matter. It probably won't be an issue for the cruise, because those travel letters are rarely requested if the child is travelling with one parent and/or grandparents, but it could become a problem in the future.

Excellent advice. Parents often do not realize that having a passport for their child doesn't constitute permission to travel out of the country. Some countries are very strict in requiring permission, even when the child's parents are married. It has to do with parental child abductions. Some people will write that they've "never been asked to show proof, so don't bother/worry about it." This will do no good at all if you're one of the parents who is required by any of the various agents to show proof. This can even happen when returning to the US. Many members here have reported that the US immigrations agents have asked for the appropriate paperwork at the end of the cruise. Others, typically when the parents are married and didn't even consider that the rule might apply in that case, have reported frantically calling their spouse to "fill out a letter, get it notarized, and fax it here right now or we're not going to be allowed to board!" Better safe than sorry.

Proof that one parent gives permission for the other parent to take the child out of the country/into another country can be a notarized signed note/letter from the non-traveling parent; court papers showing that the traveling parent has full/sole physical and legal custody; proof that the other parent has died (official death certificate); or a court order, usually from a family court judge, stating the that traveling parent has the court's permission to travel with the child (this is used when the other parent can't be found, hasn't been in the child's life ever, or the parents are divorced and the ex is being a PITA and "punishing" their ex by denying permission for no good reason).

riggins: I hope everything works out and that you all have a wonderful cruise.

beachchick

Hello

I am a single mother travelling to Alaska in May. Just a little information that I have found. The Special Circumstances form needs to be filled out with a good excuse and is reviewed on a case by case basis. Initially the father of my daughter refused to sign for a passport, therefore I went to court and obtained full custody. Later he did sign the authorization, however I did not need it at that point. Custody is very important to do for many reasons. With full custody you should be able to get a passport without his signature and travel out of the country without his permission. I called Canadian Immigration and even with a passport I need either his authorization or my custody papers, which I have. I advise her to try and get custody to eliminate further issues. Full custody should be sufficient, just know with sole custody he gives up all his rights and you can never received child suppport

Sallen gives good information, I would only add that there are two kinds of custody, physical and legal, are those are two VERY different things. Most states today do NOT award sole legal custody unless the other parent has had their rights terminated. Physical custody means the child lives with you all the time, but the other parent still has a say in matters regarding your child. Legal custody means the other parent does not get a say in where your child lives, goes to school, or travels.