Passport for illegitimate child-father on birth certificate

[deleted account] ( 4 moms have responded )

I am planning on moving to teach abroad. Parents were never married but father is on birth certificate. Has never petitioned legitimation. How can I get a passport without her fathers permission. To my understanding, he has no rights. How can I prove this to the passport agency?

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~♥Little Miss - posted on 06/10/2015

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Just get a lawyer. It will be easier than asking mothers that have absolutely no idea what the laws are in Georgia concerning these issues.

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Ev - posted on 06/10/2015

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I have to agree with these ladies here. A lot of other moms come on here with a similar question about moving and it might be to just another state no matter the reason for the move. Usually if the dad is on the birth certificate and he could have rights, he would have to be consulted as would a judge about moving out of state at all let alone the country. It is true that in the United States, no matter what state a child is from, both parents have to sign for the passport to get one for a child under the age of 16. I know this to be fact because my friend did get her older two children a passport for graduation and they were past the point of 16 at the time but in getting one swhe had been told that dad would have to sign for it if the kids were under 16. So regardless of the father not petitioning for his legit rights to this child, since you live in the US, he is going to have to sign for the passport just as you will. Then you are going to have to figure out the moving overseas part because that involves a move and that would have to go before a judge if the father protests against this. That is just some of the same things the others have said. But you do need a lawyer to cover this whole thing especially the move.

♫ Shawnn ♪♫♫ - posted on 06/10/2015

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If he's on the birth certificate, it doesn't matter whether or not he's petitioned his rights, he still has to sign off on his permission for the child to have a passport. Talk to an attorney to see what your options are. The passport agency will need his permission as well as yours at this point.
If you can show abandonment (that you have attempted contact multiple times and he's refused, etc) there may be a way, but again, an attorney will be needed.

Raye - posted on 06/10/2015

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What country/state are you in? If the father's name is on the BC, then he may have some rights depending on where you live. If the Passport Agency is requiring his permission, then most likely they really do need it, especially for a move out of the country. You may have physical custody, but that may not be the same as legal custody. You may want to contact a lawyer to help guide you through the laws of your area.

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