[saelruth]

Hello everyone. I've been reading different posts on this subject and there are contradictions in the information. I'm hoping to find out the final verdict (so to speak)

While on a student visa abroad, I gave birth to a lovely little boy. His father and I had split for the final time just after becoming pregnant and I rarely heard from him until my son was born. He was good for a bit, even watched him a few times, we did a few things together, i.e. getting/signing the birth certificate, going to the government office to say I'll be the responsible party so he will be responsible for providing child support and he even joined me to get my son's USA passport so that I could return home when my visa was up. He obviously didn't have a problem with my leaving with our little boy.

Since the global recession, I've not received any child support (in 2 years) and very rarely do I hear from the father. However, it's now time to renew my son's passport and it requires the father's signature. Although I could probably sign and swear to a statement (form DS 3053) as to why the father's signature shouldn't be necessary, I would like to have something official so I do not have this kind of problem in the future.

Is there a form to mutually agree on sole custody of the mother in the State of Pennsylvania. And, if I can get in touch with the father and get him to sign in the presence of a notary would it make a difference? Or, is it understood since we never married and we are already in different countries that I am the sole custodian of my son?

I might have the opportunity to hold a 3-year post in another country and would need to have this straightened out sooner rather than later. Especially if that country requires something a bit more formal.

Any advice would be greatly appreciated.

[ScottGem]

Its not understood. Since he's on the birth certificate, he needs to be contacted.

I doubt if there is a specific form. What you need to do is file a motion to be given sole legal custody of your child. You will need to contact the father and obtain his permission for the modification. Sounds like that shouldn't be a problem. The court should be able to tell you what documentation of his permission is needed.

[saelruth]

Is it a modification though? Documents were never filed anywhere regarding our custody -- not even in the country in which my son was born. I guess this all means that I need to get a lawyer to handle it since there isn't a kind of form or standard language to use in this sort of situation.

I know if I can contact the father he'd agree, but contacting him is the difficult part. Thank you for your response!

[ScottGem]

That was a mistake in not formalizing custody.

However I don't think you need an attorney. Family Court is fairly informal. If you explain to the court clerk what you want, they should help you file.

[saelruth]

Thanks!