Passport and visa for minor after 2nd marriage

Querist : Anonymous (Querist) 13 December 2011 This query is : Resolved
I have a 15 year old son from my first husband who died in 1998 when our son was 2 years old. I remarried in 2002 and lived with 2nd husband for 8 years (i.e. till 2010) who also had 2 daughters. It was not a successful relationship but because of the society I continued this relationship. He always did not and still does not want to take the responsibilities of my son's studies and other needs. I have to beg him for all his (my son's) needs. Since May 2010 I am living separately at my brother's house and doing a private job. We are not legally separated.
Now I want to go to USA for me and my son's studies. (My other brother lives there.)I have a passport with my 2nd husband's name on it. Now I have to apply for my son's passport (minor). What marital status should I write in my son's passport application form,married or separated or one parent not giving consent ,(Annexure G)) Since he is not my son's natural father can there be any problem during VISAS of my son and me. Am I my son's only sole guardian or should I have to apply for any guardianship or legal separation. Then my passport will also need amendments. Please help. Me and my life is all totally confused.

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VENKATESH HEGDE (Expert) 13 December 2011
U can't change your marital status unless until u get divorce from the 2nd husband. Your son Continues with his natural father & you are only the Sole guardian of your son.

Raj Kumar Makkad (Expert) 13 December 2011
The reply of Hegde is well within the perview of relevant law on the subject.

prabhakar singh (Expert) 14 December 2011
I too agree with the detailed advice of the experts.

Shonee Kapoor (Expert) 14 December 2011
I disagree.

When applying for child's passport, your marital status is immaterial.

If the child was not legally adopted by your second husband, you don't need to mention his name.

If he has legally adopted him, then you need to mention his name and then it can cause slight problems.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com