Legal Question in Family Law in Washington
Parental Consent for Minor Passport Application
My son needs a passport, but I am unable to obtain consent from his father. I do not have a court order stating I have sole custody. He has not made contact with us for over 7 years, yet I have had the same address and phone number. He has not made any attempts to take me to court for visition, support, or a parenting plan. My son has lived with me the entire time and I provide 100% of his support. Though his father has not formally waived parental rights, it can be assumed by his voluntary lack of involvement in my son's life. Given the circumstances, am I able to get a passport for my son? Can I use the Statement of Consent to explain my situation?
1 Answer from Attorneys
Re: Parental Consent for Minor Passport Application
People write about other people giving up their "rights" to a child, and that is simply not true. The court will not presume he has waived anything.
If you don't know where the father is, you can hire a PI to find him.
Then, you can take him to court to establish parentage, and get a parenting plan/residential schedule in place. As part of the relief you seek you can ask the court to order him to sign the passport permission form.
There is no consent without knowledge, so anything you say on a consent form is invalid unless or until you have an order adjudicating parentage and straightening out the child support and the parenting plan.
The Family Support Division of the County's prosecuting attorney can and will help you if you ask.
Elizabeth Powell
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