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Penelope0712
Sep 20, 2012, 11:26 AM
I have full custody of my 15 year old son. I am taking him on a cruise over Christmas break. I am applying for him to get a passport, and the requirement for him is to get consent from his biological father for a passport. It says I can apply only with me if I can prove I have sole custody... what is the difference of sole vs full custody, if there is a difference?



One Parent
(with sole legal custody)
MUST:


Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:

Minor's certified U.S. or foreign birth certificate listing only the applying parent
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
Court order granting sole custody to the applying parent [/B][/B](unless child's travel is restricted by that order)
Adoption decree (if applying parents is sole adopting parent)
Court order specifically permitting applying parent's or guardian's travel with the child
Judicial declaration of incompetence of non-applying parent
Death certificate of non-applying parent

ScottGem
Sep 20, 2012, 11:33 AM
There are two types of custody, legal and physical. You would need sole legal custody to not need the father's signature on the passport application. Sounds like what you have is full physical custody.

Check the Custody order issued by the court.

AK lawyer
Sep 20, 2012, 12:25 PM
... what is the difference of sole vs full custody, if there is a difference?...

They are two phrases meaning essentially the same thing. It can vary from state to state.

The problem is that the State Department lawyer who drafted this rule apparently had insufficient experience in family law to know this.

Penelope0712
Sep 20, 2012, 12:45 PM
So if I have full custody I do not need his father's permission? He hasn't seen him in 10 years, and it is odd to have to get is consent to take my son on a trip:(

ScottGem
Sep 20, 2012, 12:48 PM
So if I have full custody I do not need his father's permission? He hasn't seen him in 10 years, and it is odd to have to get is consent to take my son on a trip:(

What does your court order say? You will need to provide a copy when applying for the passport.