How do I obtain a passport for my minor child when his farther has been missing from his life for a long time and can not get

Asked over 2 years ago - Buffalo, NY

I have been divorce since 2008 and my child farther has been missing from his life since then and has had next to no contact with my son. His farther has not paid any child support claiming that he did not have a job upon divorce. My divorce decree clearly states that he agreed my son to live with me in Korea and it is time for me to move there. So I applied to renew his passport. but the the state says the divorce decree is not enough. I have been trying to contact his farther tiredlessly for almost year now but no response. Is there anyway I can obtain my own right to issue my son the passport without his father? I really need to go to Korea to live in order for me to get more support from my farther to raise him better.

Attorney answers (2)

  1. John Howard Crouch

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The US State Department regulations say that you can do a passport application by yourself if your current custody order allows you to move out of the country with the child -- an exception to the general rule that says you need sole legal custody in order to get a passport without the other parent's consent.

    Try pointing that out to the State Dept. But meanwhile, you should also be filing for a child custody order that gives you sole legal custody and/or expressly authorizes you to get a passport without the father's consent.

  2. Bruce S Gordon

    Contributor Level 10

    Answered . Another way to go about this is to go to your local court, I beleive in NY it is the surrogate court. They can help you get a termination of parental rights against the father giving you sole custody. The isseu wit that is you may also lose rights to any support ior inheritance for you child. be careful on that point.

    You then have sole custody.

    This not legal advice which can only be given after a full disclosure and discussion regarding your particular... more

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