Ask Experts Questions for FREE Help !
Ask
    Penelope0712's Avatar
    Penelope0712 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 20, 2012, 11:26 AM
    Full custody vs sole custody
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Sep 20, 2012, 12:25 PM
    Quote Originally Posted by Penelope0712 View Post
    ... 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's Avatar
    Penelope0712 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Sep 20, 2012, 12:48 PM
    Quote Originally Posted by Penelope0712 View Post
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What is the difference between sole custody and full parental rights? [ 3 Answers ]

My son is 9 months old, he lives with me and my boyfriend. My son's father only saw him maybe 2-3 times since he has been born. My son has been in and out of doctors office's because he has reflux. Not once has he given me money or called to see if my son is ok. One of the father's sister works...

Full sole custody [ 3 Answers ]

My daughter's father has been in prison since before she was born she is already 5 and he still has 7years to go but one of his friends told me he will be out sooner in about two years I think its in my daughters best interest for me to have full sole and physical custody of her I've been the one...

Full/sole custody [ 3 Answers ]

I have 1 child my ex has 1 child. Sole custody. No support because we both took my child. When the child with my ex turns 18 can my ex try to get custody or visitation of the child I have if I go for child support?

Change of sole custody to joint custody if both parents live in different states than [ 6 Answers ]

I am trying to find out where I would need to go to change/modify a custody order that granted my ex spouse sole legal and physical custody 3 years ago. He now resides in MA, I now reside in CA, but in may will be moving to TX to live with my fiancˇ. The original custody order (was changed from...

Full sole custody [ 3 Answers ]

My children's birth certicficate has only my name on it, so does that mean I have full custody of them? If not how do I go about making sure I have full sole custody?

View more questions Search