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Obtaining a passport for my son, but with an absent father?

Milpitas, CA |

I would like to travel to Mexico to visit my fiance and bring my son with me. I am no longer with his dad. Although, his father's name is on the birth certificate, however he's never shown paternity nor has he made any attempts to be a part of my sons life since we broke up. That includes not paying any child support.

Is there any way to obtain a passport for my son without written consent from his biological father. All attempts made to contact him have failed miserably. I do have his direct contact information.

Or what's the best way?

Attorney Answers 2

Posted

You can file for sole legal custody in family court, terminate his parental rights, or you can have your fiancee adopt the child. The first option is probably the simplest.

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2 comments

Asker

Posted

Sole custody? what does that mean? will his father get some type of forms or will the government get ahold of him? I just don't ever wanna deal with him, period.

Michelle Lynn Studer

Michelle Lynn Studer

Posted

If the father is not on the birth certificate you can just go get a passport.. If he is you have to file an action in court to request sole legal custody of you child. You can usually get some help at your local courthouse. > > > TODAY(Beta) • Powered by Yahoo! > Mystery emerges over 'Avengers' movie > Privacy Policy > >

Posted

Our office has maintained a family law practice in Alameda, Santa Clara and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

I wish I could give you a simple answer, but I don't believe one exists. Unless your ex is no longer alive, I believe this will be troublesome. If he has provided no support nor any contact with the child for over a year, there are the provisions in the law which allow you to petition the court to terminate his parental rights. With some exception, by and large the courts are only inclined to do this if there is also a contemporaneous Petition for adoption of the child filed by another competent adult. In most instances, this would be if you had a new husband. Although, with his total abandonment of the child, it is not impossible that other individuals could adopt the child when your ex's parental rights were terminated.

I hope this is helpful.

John N. Kitta
Fremont
(510) 797-7990

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2 comments

Asker

Posted

Yes, thank you. But how will I terminate his rights? Does that include me and him has to confront each other somehow? I just don't wanna deal with him at all.

John Noah Kitta

John Noah Kitta

Posted

Unfortunately, this will require contact. Filing a complaint to terminate parental rights would have to be drafted and filed with the Superior Court. Your ex would then have 30 days to answer the Complaint. If he doesn’t answer the complaint, then you may be able to take his default and move forward without his participation. However, if he elects to defend his position, the matter would have to go through trial, and you would have to prove by clear and convincing evidence that it is in the child’s best interest to terminate said parental rights.

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