(ii) “Special family circumstances” are defined as circumstances in which the minor`s family situation makes it extremely difficult for one or both parents to complete the passport application; and/or compelling humanitarian circumstances in which the absence of a passport would endanger the health, safety or well-being of the minor; or, in accordance with the Ministry`s directives, the circumstances in which the return of a minor to the jurisdiction of his or her country of origin or habitual residence is necessary for a competent court to decide or enforce a custody order. A passport issued due to these special family circumstances may be restricted for direct return to the United States under Article 51.60(e). (5) In general, and in particular in your case, the District Court may appoint you as guardian of the person of a minor child if this is necessary for the welfare of the minor, taking into account the age, sex, wishes of the child, as well as the wishes of the parents and the personal rights of the minor. • In certain circumstances, guardianship may be acquired through marriage. If these guardians separate or divorce, they retain their guardianship rights. (1) Objections. At any time prior to the issuance of a passport to a minor, the application may be rejected and a passport may be refused upon receipt of a written objection from a parent or guardian of the minor or any other party claiming the power to appeal, provided that the party refusing to provide sufficient documentation on his custody rights or any other appeal authority. Question: Eight months ago, through a paternity test, I found out that I had a 14-year-old daughter in Washington State. His mother had died a few years ago and his grandparents in Seattle, WA, had custody of him.
She currently lives with me and my family in Colorado and we want to take her on a trip to Mexico. Your grandparents will send me a notarized declaration stating that I have temporary guardianship. His birth certificate shows his grandparents` last name, as opposed to my father`s name. Can I get a passport booklet or card with this documentation? Answer: According to the State Department`s passport services, the submission of a minor application by a third party (because you do not have custody) must be accompanied by a notarized written statement or affidavit from both legal guardians authorizing you to apply for a passport. It is important that your daughter`s grandparents not only give you temporary custody, but explicitly give you the authority to apply for a passport. In order for a passport to be issued to a child under 18 years of age, the consent of all legal guardians of the child must have been received by the passport service. Question: We are grandparents of 3 grandchildren and ordered a PROVISIONAL RIGHT TO LAW, which lasted more than 3 years. The children were abandoned by their parents.
Can we get them a passport with temporary custody? Answer: According to the National Passport Information Center, a court order must be filed that establishes legal guardianship and authority to apply for a passport. (4) Execution of the passport application by a person acting in loco parentis. If the father of the child is named on the birth certificate and the birth was registered jointly by the child`s mother and father, the father is considered to be the parental responsibility of his child, regardless of the marital status of the parents. In this context, parental responsibility confers guardianship. You cannot appoint yourself as the legal guardian of children who do not belong to you. • If one of the two guardians of a child has died and no other guardian has been appointed, the living guardian is the sole guardian. (iii) A parent, guardian or person acting in loco parentis who applies for a passport for a minor under 16 years of age in accordance with this paragraph shall attach to the application a written statement describing the urgent or special family circumstances which, in his or her opinion, should be taken into account when applying an exception. (1) The mother and father are married(2) Joint guardianship was obtained by court order or affidavit(3) The father of the child lived with the child`s mother continuously for 12 consecutive months after 18 January 2016, including at least three months with the mother and child after the child`s birth (as set out in the Children and Family Relations Act 2015). This court order should order the passport service to waive the consent of the reluctant or unavailable guardian and to allow the passport service to issue passport facilities for the child. In certain circumstances, the passport service may recognize guardianship rights acquired in other jurisdictions for the issuance of a passport to a child. 1.
In order to streamline, liberalize and facilitate the passport issuance process, the Ministry of External Affairs has taken a number of measures in the area of passport policy that are expected to benefit Indian citizens applying for passports. The details of these steps are listed below:- 1. Just by taking care of them, you don`t become their legal guardian. You can already legally adopt and register children by their biological mother in order to become the legal guardian of minor children. 5. The Ministry of Foreign Affairs anticipates that the above-mentioned changes to passport regulations will further facilitate the procedure for passport applicants to obtain their passports. At the same time, this department would allow citizens to continue to provide passport-related services in a timely, transparent, accessible, reliable and comfortable environment through streamlined processes and a dedicated, trained and motivated workforce. VIEW NOW 25 Countries Indians Can Visit Without a Visa Question: If so, can my mother (the children`s maternal grandmother) apply for and submit U.S.
passport applications with an affidavit? My mom is planning vacations with my kids outside the country and they don`t have U.S. passports. After being unemployed for several months, I started a new job two weeks ago and can`t take the time to submit the application and go through the passport application process in person. Answer: Since you have sole custody of your children, your mother can apply for her passport. She must appear in person with your children and file Form DS-11 for all required documents, including the following.* Submit a notarized written statement or affidavit from you authorizing them to apply for a passport.* Provide proof that you have sole custody of the children. A certified birth certificate containing only your name as a parent is acceptable. Click the link below for full instructions. Apply for a child pass • A person can be appointed as testamentary guardian through a will. This is a situation where a guardian appoints another guardian in a will in the event of death.
The summary provided is provided for informational purposes only. If necessary, please seek legal advice yourself. Any parent or legal guardian of a minor may, upon written request, obtain information on the application for and issuance of a passport for a minor, unless the parental rights of the requesting parent have been revoked by an order of a competent court, a copy of which has been provided to the Ministry. The Ministry may withhold this information from a parent or guardian if it determines that the minor objects to the disclosure and that the minor is 16 years of age or older, or if it determines that the minor is old and mature enough to exercise his or her own privacy rights. Joint guardianship through the Out-of-Jurisdiction Guardianship Act • In cases of adoption where two persons have jointly adopted a child, guardianship is acquired at the time the adoption decision is made. If these guardians separate or divorce, they retain their guardianship rights. If your child has more than two guardians, or if your own family situation does not fall into the categories listed below, please contact Passport Services for assistance with your child`s application.