View Full Version : Sole Legal Custody
 
 Jazzebell
May 19, 2013, 02:39 PM
I want to get my seven year old son a passport however, his biological dad name is on the birth certificate and he's not in our son's life. In addition, my son haven't seen or heard from him in a year. We have never been married. What are the steps in Broward County to get sole legal custody.
 sgb1970
May 19, 2013, 02:46 PM
I went through a similar situation with a passport.  I was living in a foreign country at the time and the father refused to sign for the passport.  I was able to get it eventually without his signature since my daughter was a US citizen in a foreign country with no passport.  I had to get a lawyer and write a sworn affidavit to the US Department of State. You will obviously have to go to court to get sole legal custody (have the father served, etc.).  One piece of advice:  Be sure the court order specifically states you can obtain a passport and travel outside the country without the other parent's consent.  Otherwise, you'll have an issue every time you try to do so.
 Jazzebell
May 19, 2013, 02:51 PM
I went through a similar situation with a passport.  I was living in a foreign country at the time and the father refused to sign for the passport.  I was able to get it eventually without his signature since my daughter was a US citizen in a foreign country with no passport.  I had to get a lawyer and write a sworn affidavit to the US Deparment of State. You will obviously have to go to court to get sole legal custody (have the father served, etc.).  One piece of advice:  Be sure the court order specifically states you can obtain a passport and travel outside the country without the other parent's consent.  Otherwise, you'll have an issue every time you try to do so.
Thank you.
 ScottGem
May 19, 2013, 02:57 PM
You need to file a petition in your local Family court for sole legal custody. You will need to show that you have, at least, made a good faith attempt to serve the father. 
 
I would suggest retaining an attorney to do this for you to make sure its done right,
 cdad
May 19, 2013, 03:21 PM
Even with sole legal custody you still may need the fathers permission to leave the country with the child.  Be aware that if you don't you could face serious charges.