My children's father has left the country for few months already. He is not american but he is a resident. I am not american either but my children are. I am unemployed and I have no way to support my kids and myself here. I am trying to go back to my country where I will have my family's support but I haven't been able to because I need him to sign up forms so I can get them passaports and/visa. He hasn't called, visited or supported us. I left him message through his sister but he says he doesn't know when he will come back. We lost our home and I have no way to go now. Can I file abandoned so I can get sole custody?
I AM IN UTAH.

You can't "file" for abandonment. You CAN file for sole legal and physical custody and use abandonment as the grounds. However 4 months may not be enough to make it work.

You live in Utah. They are very pro-family there. Even if you are not a member of the church, I would suggest you contact the Church of Jesus Christ of Latter Day Saints. They are very service oriented and also have a lot of well traveled members. Someone may be able to give you good free advice.

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Originally Posted by PinkHarley

You live in Utah. They are very pro-family there. Even if you are not a member of the church, I would suggest you contact the Church of Jesus Christ of Latter Day Saints. They are very service oriented and also have a lot of well traveled members. Someone may be able to give you good free advice.

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This is a legal board - please either give legal advice or don't give advice. Being pro-family does NOT change the law.

To OP - file AGAIN for custody.

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Originally Posted by janimario

Can I file abandonned so I can get sole custody?
I AM IN UTAH.

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Hello j:

If you don't have a court order saying otherwise, and I'll bet you don't, then you DO have sole custody. File your papers again.

excon

You can file for a decision from the courts and a judge can sign the passport papers so you can get passports for the children. They can also sign documents giving you rights to travel with them outside the United States. The major problem you have to overcome is that your intention isn't just to vacation away for a period but to actually move and not return. That is where the largest hurddle lies in your path. Convincing a judge about the move.

Hello again:

I would remind my fellow experts that the missing father is NOT a husband. Therefore, I suggest NO court proceeding are necessary because she already HAS full legal custody.

excon

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Originally Posted by excon

Hello again:

I would remind my fellow experts that the missing father is NOT a husband. Therefore, I suggest NO court proceeding are necessary because she already HAS full legal custody.

excon

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Times they are a changing. Since the new laws are in place to help prevent parental kidnapping of children they now require permission slips from the noncustodial parent as well as some form of identification. When applying for a passport they need both parents permission.

*** See step 5 ***

Minors Under Age 16

Hello again, dad:

And, if she didn't know who the father was, she'd be trapped here forever??

excon

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Originally Posted by excon

Hello again, dad:

And, if she didn't know who the father was, she'd be trapped here forever???

excon

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No, she would need a decision from the courts and a judge can sign what's needed in the bio fathers absence.

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Originally Posted by excon

Hello again:

I would remind my fellow experts that the missing father is NOT a husband. Therefore, I suggest NO court proceeding are necessary because she already HAS full legal custody.

excon

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I can't find where OP says they are not married. What am I missing?

At any rate - yes, she needs to go to Court if she's going to take the chldren out of the Country.

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Originally Posted by JudyKayTee

I can't find where OP says they are not married. What am I missing?

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Hello Judy:

I can't find where they are. The OP refers to him as her children's father... If he was her husband, I think she'd have said so.

I'm just not sure why a single mother has to go to court to get sole custody of her children... I don't think we've EVER told a single mom that. In fact, I still don't think she has to go to court. What is a court going to do?? Certify what is?? Courts don't do that. She, by virtue of being the children's mother, automatically HAS full legal custody. Does she not?

Even IF the father signed the birth certificate, and we don't know if he has, that, in and of itself, does NOT confer rights upon him. HE'S the one who has to go to court. Therefore, if he doesn't have custody, ipso facto, the mother does.

excon

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Originally Posted by excon

Hello Judy:

I can't find where they are. The OP refers to him as her children's father... If he was her husband, I think she'd have said so.

I'm just not sure why a single mother has to go to court to get sole custody of her children... I don't think we've EVER told a single mom that. In fact, I still don't think she has to go to court. What is a court going to do??? Certify what is??? Courts don't do that. She, by virtue of being the children's mother, automatically HAS full legal custody. Does she not?

Even IF the father signed the birth certificate, and we don't know if he has, that, in and of itself, does NOT confer rights upon him. HE'S the one who has to go to court. Therefore, if he doesn't have custody, ipso facto, the mother does.

excon

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I usually try not to interpret/read into posts - so I don't know what the status of the father/husband is. Without more info I have no idea what rights the mother has and doesn't have. If she wanted to move from here to there in this Country she could do so.

She is asking about Passports - and that's a tough call with a missing father. I think she needs to go to Court to get sole custody (or whatever it's called in her State) so she can present that Order to the Passport Office so she can leave with the children WITHOUT the signature of the father.

Hopefully OP will come back with more info.

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Originally Posted by JudyKayTee

I usually try not to interpret/read into posts - so I don't know what the status of the father/husband is.

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Hello again, Judy:

I don't either, but I didn't have to interpret anything. She called him the father of her children, and I believed her. I could have speculated that she meant husband, but speculation is the same thing as interpreting.

excon

To the OP: Where are you a citizen of? Do have resident status in the US or a temp. visa? Is there a possibility that these children have dual citizenship?