Family Matters Law Group P.A.
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Getting a Passport for a Child

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So you need a passport for you child? One common inquiry we receive is how can a parent obtain a passport for his/her child when the other parent will not cooperate. To answer this question, you first have to figure out who has rights to the child.

Each State has their own rules about parenting and who has rights to make a decision for a child. There is no national or federal rule that dictates which parent or what people have right to make decisions for a child. In Florida, if the parents of a child are not married and have never previously been to Court about a child, the Father does not have decision making rights to the child. On the other hand, if the Mother is married when she has a child, then her Husband automatically has rights to make decisions for the child - even if he is not the Father.

If both parents have rights to a child OR if both appear on the birth certificate then the State Department says they BOTH must both sign for the passport OR you must present evidence such as the following:

· Complete court order granting you sole legal custody of the child, such as a divorce decree or other custody order

· Complete court order specifically permitting you to apply for your child's passport (photocopy is acceptable)

· Certified copy of the child's birth certificate listing you as the only parent

· Certified copy of an adoption decree listing you as the only parent

· Certified copy of the judicial declaration of incompetence of the parent that cannot appear in person

· Certified copy of the death certificate of the parent that cannot appear in person

The easiest way to get a passport for a child if you are an unmarried Mother in Florida is to file a Petition with the Court requesting an Order granting you authority to obtain a passport without the Father's consent. Our office has handle many of these cases and finds t to be the quickest and least expensive way to obtain a passport under these circumstances.

If you are a married parent attempting to get a passport, or paternity and parental responsibility have been previously established by a Court, you will need to have the other parent's consent, although there is an application called Form DS-5525 Statement of Exigent/Special Family Circumstances which can be filed to attempt and get a passport without consent in very limited circumstances, such as the other parents incarceration.

If you are anticipating traveling and need assistance with passport services, contact our office for a free consultation.

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Family Matters Law Group P.A.
6950 Cypress Rd.
Suite #107
Plantation, FL 33317

Toll Free: 866-593-0459
Phone: 954-601-3737
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