What to do if I need to get a passport for my child but my ex-husband lives out of the country?

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What to do if I need to get a passport for my child but my ex-husband lives out of the country?

We were married in Mexico but my child was born here in the US. I am a citizen (I don’t know if that is relevant). We have joint custody granted by a judge in Mexico. He will not appear to request the passport because I can’t find him. What can I do? What document can I present?

Asked on January 18, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would suggest that you contact the passport agency or passport office where you plan to apply for your child's passport and explain the situation.  It is not clear how you can have joint custody of a child with someone you cannot find.  Perhaps you would first need to clarify the custody arrangement with the court on the basis of the fact that you cannot locate your ex husband and possibly get sole custody and then you could be the only one needed for the passport application.  If you are not going to fight the custody order, just explain to the passport agency that you cannot locate your ex and see what they would suggest in that case.


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