Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Sole Legal Custody (https://www.askmehelpdesk.com/showthread.php?t=749678)

  • May 19, 2013, 02:39 PM
    Jazzebell
    Sole Legal Custody
    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.
  • May 19, 2013, 02:46 PM
    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 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.
  • May 19, 2013, 02:51 PM
    Jazzebell
    Quote:

    Originally Posted by sgb1970 View Post
    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.
  • May 19, 2013, 02:57 PM
    ScottGem
    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,
  • May 19, 2013, 03:21 PM
    cdad
    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.

  • All times are GMT -7. The time now is 11:21 PM.