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I moved to the USA in XXXX with my minor child, based on an agreement from the child’s father that he would join us in the USA later. However, he never came and has completely severed all ties with us. When I contacted the Indian Consulate earlier this year to renew my child’s passport, they informed me by email that they require Annexure C / consent from the father or confirmed sole custody papers to process the passport. The passport status is currently “in progress.” I have also sent a legal notice to the father, but there has been no response. Do I need an experienced lawyer for this matter, and what is the fastest legal solution? The passport has less than four months of validity remaining.
Since the father is untraceable and not responding, you should file a sole custody/guardianship petition before a competent court in India or the USA, as applicable. Indian courts often grant ex parte custody orders in such cases. This court order can be submitted to the Indian Consulate in place of Annexure C for urgent passport renewal. Engage an experienced family lawyer immediately due to the short validity period. For further legal assistance contact us on our helpline number.