Issues getting passport or letter of consent

[Halloween Baby]

My husband's first son, age 12 at sailing, has a different birth "mother". He has been my child though since age 3 and we do not have any communication with her. I do not have any official rights to him though.

We have his birth certificate. I've read we need both parents to get him a passport or we need her to sign a letter of consent. With neither of these possible, will we be fine to cruise with him???

TIA!

 

[PrincessShmoo]

My husband's first son, age 12 at sailing, has a different birth "mother". He has been my child though since age 3 and we do not have any communication with her. I do not have any official rights to him though.

We have his birth certificate. I've read we need both parents to get him a passport or we need her to sign a letter of consent. With neither of these possible, will we be fine to cruise with him???

TIA!

I have no legal expertise in this, but it seem to me that what matters is what sort of legal custody your husband has of his son. If he has full custody (as in the mother has had her parental rights removed), then I would think that's all you (well, actually he) would need to get the passport, or travel internationally with him.

If no legal custody has ever been decided, it's probably time to do that.

But, please, find a lawyer to help you out with this. Just showing up at the port with the birth certificate and saying "well, someone on DISboards said....." won't cut it if it's not the right answer.

 

[wilkeliza]

My husband's first son, age 12 at sailing, has a different birth "mother". He has been my child though since age 3 and we do not have any communication with her. I do not have any official rights to him though.

We have his birth certificate. I've read we need both parents to get him a passport or we need her to sign a letter of consent. With neither of these possible, will we be fine to cruise with him???

TIA!

Does she have court ordered visitation rights or does your husband have 100% sole custody? You should be able to get his passport if you bring the court order granting sole custody with you. If you don't have that you can go to family court and ask for a listed staying you and your husband are allowed to take him or of the country with out permission from his birth mother.

 

[Halloween Baby]

They never went to court. She just stopped showing up one day. We don't even know how to get ahold of her at this point.

 

[sambycat]

personally, i wouldn’t even try to do anything involving going outside the US at all without wrapping something like this up legally. that means involving a lawyer or the courts. that means some cost, probably not an insignificant cost, but the cost of leaving it up to chance or allowing some other person to have a legal window to come into my child’s life especially after they have vacated their rights by action would be way too anxiety provoking for me. there are legal avenues to pursue in such cases where a birth parent can’t be located. god forbid something happened to your husband here at home and you didn’t then have legal guardianship of the child you’ve raised!

now extend that to traveling outside the US? it’s entirely possible that, with the official birth certificate, you and your husband could travel unquestioned on a closed loop cruise, but to me the potential problems would necessitate legally getting the whole custody/guardianship thing tied up, unless my kiddo was like 16 and nearly a legal adult - then i guess i’d just wait a couple years to travel!

good luck finding the info you need!

 

[fnrsgrl]

Definitely consult a lawyer who specializes in custody issues. It would be terrible if you got to port and then found out you didn't have what you needed to board.

 

[n8nally]

As a single Mom, I can tell you that all you need to cruise, on a closed loop cruise (meaning you're leaving a US port, and returning to the same US port on the same ship after traveling only in the Western hemisphere), is one parent (so, your husband, with his proper ID and proof of citizenship) and the child's original birth certificate listing that parent. It's all I needed to travel with both my children. My ex knew we were going but I never bothered to get any paperwork or anything from him since I have sole legal custody. I brought my divorce papers with me, but no one ever asked me about it.

That having been said, I do feel strongly that now would be a good time to iron out this wrinkle. There is such a thing as abandonment of a child (which is what it appears has happened here) that would allow the court to grant your DH with sole custody. Or at least a document allowing your son to get a passport. Call the passport office and maybe consult a lawyer or legal aide to see what provisions are in place in your state. You guys cannot be the first ones in such a situation!

 

[wilkeliza]

As a single Mom, I can tell you that all you need to cruise, on a closed loop cruise (meaning you're leaving a US port, and returning to the same US port on the same ship after traveling only in the Western hemisphere), is one parent (so, your husband, with his proper ID and proof of citizenship) and the child's original birth certificate listing that parent. It's all I needed to travel with both my children. My ex knew we were going but I never bothered to get any paperwork or anything from him since I have sole legal custody. I brought my divorce papers with me, but no one ever asked me about it.

That having been said, I do feel strongly that now would be a good time to iron out this wrinkle. There is such a thing as abandonment of a child (which is what it appears has happened here) that would allow the court to grant your DH with sole custody. Or at least a document allowing your son to get a passport. Call the passport office and maybe consult a lawyer or legal aide to see what provisions are in place in your state. You guys cannot be the first ones in such a situation!

The only issue with traveling with just a BC is if your child gets sick or hurt or some how you miss the boat in port. If you have to fly back home then without a passport you are stuck waiting on the embassy to help you get back to the US. Yes they let you travel with just a BC but it isn't the smartest way to travel abroad.

 

[bumbershoot]

They never went to court. She just stopped showing up one day. We don't even know how to get ahold of her at this point.

You've obviously read some of the State Department's passport website. Now go read more.

This form, for example, should be very helpful to you:http://www.state.gov/documents/organization/217450.pdf

From that form:

Use this form only if the notarized, written consent of a parent or legal guardian with custody of the minor applicant under 16 cannot be obtained.

Your statement in the form must explain the reason why you cannot obtain the notarized statement of consent. You must show that there are exigent or special family circumstances that make two parent/guardian consent unobtainable.
....
Your request may qualify as a special family circumstance if the minor's family situation makes it exceptionally difficult or impossible for one or both of the minor's custodial parents/legal guardians to provide the notarized, written consent.

They've made it a bit harder/more annoying to find now, but the full text on the site is:

Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:

U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent

Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order)

Court order specifically permitting applying parent’s travel with the child

Judicial declaration of incompetence of the non-applying parent

Death certificate of the non-applying parent

If the minor has two parents/guardians, but one is absent and cannot be located to provide parental consent in a timely manner, the applying parent must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's or guardian’s unavailability and recent efforts made to contact the non-applying parent. The applying parent also may be required to provide evidence (e.g., custody order, incarceration order, restraining order) to document his/her claim of exigent or special circumstances. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.

This trip might just be the push you guys needed to get full custody of him. Best of luck!

 

[kimerinc]

The poster who discussed traveling abroad with bc is problematic is correct. I had my daughters passport, we were meeting her father in Canada. To get into Canada with me alone I needed a notarized letter from her father allowing her to leave the U.S., this AND her passport.

 

[tvguy]

As a single Mom, I can tell you that all you need to cruise, on a closed loop cruise (meaning you're leaving a US port, and returning to the same US port on the same ship after traveling only in the Western hemisphere), is one parent (so, your husband, with his proper ID and proof of citizenship) and the child's original birth certificate listing that parent. It's all I needed to travel with both my children. My ex knew we were going but I never bothered to get any paperwork or anything from him since I have sole legal custody. I brought my divorce papers with me, but no one ever asked me about it.

That having been said, I do feel strongly that now would be a good time to iron out this wrinkle. There is such a thing as abandonment of a child (which is what it appears has happened here) that would allow the court to grant your DH with sole custody. Or at least a document allowing your son to get a passport. Call the passport office and maybe consult a lawyer or legal aide to see what provisions are in place in your state. You guys cannot be the first ones in such a situation!

Actually, there is a form you are supposed to fill out called a Minor Authorization Form.

https://disneycruise.disney.go.com/...ans/faqs/kids-teens/minor-authorization-from/

But I suspect, as you found out, they don't always ask for it.

I agree, this is an issue that needs to be cleared up immediately.

 

[susianew]

I would definitely get it sorted prior to the cruise. They are really cracking down on this issue. I am a single mom with 3 adopted children. We have travelled extensively WITH passports and prior to this past December I had NEVER been questioned. Since then, I have had 4 separate immigration officers (3 American, 1 Canadian) question me or my children about where their father was. In the first case, it was an immigration officer in Galveston that questioned me, gave me a mini-lecture than let us back in. (If he had been his decision when we were leaving, he probably wouldn't have let us board, and it was a closed loop cruise.) Since then, I have travelled with copies of my kids' state certificates of foreign birth (showing they are fatherless) and their US passports. With the amount of money, planning, and anticipation we put it into a cruise, it's better to have all your paperwork i's dotted and t's crossed and not just gamble on what kind of border guard you get

 

[ktate82]

I would definitely get it sorted prior to the cruise. They are really cracking down on this issue. I am a single mom with 3 adopted children. We have travelled extensively WITH passports and prior to this past December I had NEVER been questioned. Since then, I have had 4 separate immigration officers (3 American, 1 Canadian) question me or my children about where their father was. In the first case, it was an immigration officer in Galveston that questioned me, gave me a mini-lecture than let us back in. (If he had been his decision when we were leaving, he probably wouldn't have let us board, and it was a closed loop cruise.) Since then, I have travelled with copies of my kids' state certificates of foreign birth (showing they are fatherless) and their US passports. With the amount of money, planning, and anticipation we put it into a cruise, it's better to have all your paperwork i's dotted and t's crossed and not just gamble on what kind of border guard you get

Not to hijack the thread, but I have sole custody and got my kids' passports. Do I also need to bring my court documents showing I have sole custody?

 

[wilkeliza]

Not to hijack the thread, but I have sole custody and got my kids' passports. Do I also need to bring my court documents showing I have sole custody?

This is what the official homeland security website says.

"All children, including infants, must have their own passport or Trusted Traveler Program document for U.S. entry. Carry documents for traveling with minor children.

If you are escorting a minor child without the parents, have a letter from both parents indicating that you have permission to travel with the minor.
If the child is accompanied by only one parent, the parent should have a note from the child's other parent. For example, "I acknowledge that my wife/ husband is traveling out of the country with my son/ daughter. He/She/ has my permission to do so."
If a single parent has sole custody, a copy of the court custody document can replace a letter from the other parent."

So although it may not be necessary on a cruise if one of your kids get sick or hurt and you are removed at a foreign port you would need the documents when coming back in by flight or if you have to drive back. It is also what would be needed if you end up missing the boat.

 

[racingfandj]

Not to hijack the thread, but I have sole custody and got my kids' passports. Do I also need to bring my court documents showing I have sole custody?

I would take as much as possible because it all depends on where you are going and who you get. I actually had more trouble getting my nieces and nephews into Canada at the train station in Seattle for our Alaska cruise than I have for 5 cruises taking a niece in/out of Port Canaveral or Miami. I've yet to have anyone ask for her paperwork even though I always have it with me. I carry copies of our legal guardianship in case it is ever questioned because our names are different.

 

[MTmomma]

It is possible to get the passport without the other parents consent, BUT its a gamble as to weather they approve it or not. When I got my sons, I had dates of attempted contact, dates of publication, EVERYTHING that i had documented in the attempts to locate, and I had my sons passport in hand in less than two weeks. Document, document, document. As for the custody issue, I would get that figured out ASAP.

 

[wdwmama19]

My husband's first son, age 12 at sailing, has a different birth "mother". He has been my child though since age 3 and we do not have any communication with her. I do not have any official rights to him though.

We have his birth certificate. I've read we need both parents to get him a passport or we need her to sign a letter of consent. With neither of these possible, will we be fine to cruise with him???

TIA!

I have full custody of my DD since my ex is not involved at all. In order to get a passport you need to show a custody document that says if his DH has full custody! Also in my case I brought a document that showed his parental rights to her were cut off. Hope that helps!

 

[wdwmama19]

Not to hijack the thread, but I have sole custody and got my kids' passports. Do I also need to bring my court documents showing I have sole custody?

If you already have a passport for them you shouldn't need to bring the documents on the cruise. I'm a single mom as well with sole custody and I was not questioned. But then again, I was traveling with family so maybe that's why.