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If one parent is not available, the non-applying parent must complete the form DS-3053 . This form must be notarized, and the identification that was presented to the notary must be copied, back and front, and included with the form. We require the original of the DS-3053 to adjudicate the passport application.
Generally, if your ex wont sign it, then you will have to go through the courts to get permission. Generally, you would have to file a motion with the court asking the judge grant you an order that you can apply for the passport without the other parent. Unfortunately, without your exs signature they wont grant it.
Statement of Consent for Issuing a Passport to a Child (DS-3053) Use if one parent or guardian cannot go with the child to apply in person for the childs passport. The parent or guardian should submit this special form with Form DS-11.
If only one parent is applying, provide either a birth certificate listing you as sole parent, a death certificate of the other parent, or a court order which lists you as having sole physical and legal custody of the child. If one parent is not available, the non-applying parent must complete the form DS-3053 .
If the father is not allowed to provide the consent from prison, you may apply under exigent family circumstances. To support the application, you need to provide a copy of the fathers incarceration orders and submit it with Form DS-5525 and the rest of the requirements for a childs passport.
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