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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

Originally Posted by sgb1970

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.