Posted by Nydia Streets of Streets Law in Florida Child Custody

Getting a passport for a minor child when you are no longer married to or are not in a relationship with the other parent is a concern many parents have in Florida child custody cases. Depending on who is listed on the child’s birth certificate, you may be able to get a passport issued without the other parent’s participation.

When applying for a passport for a minor, both parents are usually required to appear in-person along with the child. Sometimes it is not possible for both parties to appear together. Here are common scenarios to consider when applying for a passport for a child and what you can do if the scenario applies to your situation:

  • Father is not listed on birth certificate: If the father is not listed on the birth certificate and no court order has been entered establishing paternity, you may be able to obtain the passport without the father’s consent or appearance. You should contact your local passport agency to be sure before appearing in-person.

  • Both parents listed on birth certificate and agree to sign for the passport, but one party cannot appear in-person to apply: If both parents agree to have the child’s passport issued, but one cannot appear in-person to apply for the passport, the parent who cannot appear can execute a specific affidavit giving the other parent consent to apply for the passport in his/her absence. This affidavit is good for a limited period of time so as soon as the consent is signed, it is best to visit your local passport agency immediately, otherwise you may need to have the other parent execute another consent form.

  • Father is listed on birth certificate but refuses to cooperate in obtaining passport or cannot be found: If the father is listed on the birth certificate but does not agree to obtain a passport for the child or cannot be found, you may be able to obtain a court order that gives you the right to apply for the passport in his absence. If he cannot be found, there may also be a form you can submit when applying for the passport explaining the reasons why the father’s consent cannot be obtained.

If you need help obtaining permission for a passport for your minor child in Florida, contact a Miami child custody lawyer for help. Through a consultation, you can learn the best option for you based on the specific circumstances of your case.