[Bella2006]

My son is 5yrs old and I applied for his passport but we were denied because we couldn't get his dads signature. My son was 2 months old when his dad left and he hasn't called, or attempted to ever attempet to see or get in touch with him since then. My son will be 6 in a few months, since his dad hasn't ever been around can I get sole/full custody of my son and can I also terminate his BF parental rights. What can I do, any help would be greatly appreciated. Thanks in advance. I live in NY by the way I know that the state where we reside plays a role in the courts decision that's why I added it.

[JudyKayTee]

No, you can't terminate his rights unless someone is ready to adopt him.

Does the father pay support? If not, why?

Hire someone to locate the father - sue for child support (or enforce child support) and ask the Court to order the father to sign for the passport.

[ScottGem]

As Judy said, he isn't exercising his rights so a court is going to ask why terminate them.

However, you should be able to get sole legal custody. But to do so, you will have to satisfy the court that you have made a good faith effort to find the father to get his agreement. I'm assuming you couldn't get the signature because you couldn't find him, not because he refused to sign.

You need an attorney to tell you what you need to do to satisfy the court.

[Fr_Chuck]

What type of custody do you have now, if it is not full custody, does the bio father have joint custody in court, If you have not been to court in 6 years why ?

Yes you can get full custody, bio father can file for visitation if he wants, I bet there is no court ordered child support ? If not you file for that also.

You can work with the court to deal with the passport

[Bella2006]

My son is 5yrs old and I applied for his passport but we were denied because we couldn't get his dads signature. My son was 2 months old when his dad left and. We were never married and my son does not have his fathers last name he has my last name but he is on the birth certificate. My son's dad has never paid any support, he has never even attempted to get in touch with him.The last I know of my son's father was that he left to mexico on December 2006 and hasn't called or even attempet to see or get in touch with him since then. My son will be 6 in a few months, since his dad hasn't ever been around can I get sole/full custody of my son and can I also terminate his BF parental rights. Is it a long process to obtain sole custody?What can I do, any help would be greatly appreciated. Thanks in advance. I live in NY by the way I know that the state where we reside plays a role in the courts decision that's why I added it.

[JudyKayTee]

You have sole custody until he goes to Court and asks for visitation and/or custody. Unless he's a danger to the child you are going to be denied.

The Court can force a person to support his/her children. The Court cannot force anyone to be a good father.

So - if he needs a passport, hire someone to find the father so he can (or cannot) sign.

[ScottGem]

Given that you have to show a good faith effort to find him the process may take a long time, probably at least 6 months. As we have said a court is not likely to terminate his rights, but they should award you full and sole legal custody so you can obtain a passport.