My sons Father does not have custody but does have a visitation schedule however, he doesn't live in the same state that I know of and hasn't seen his son in two years. I want to travel out of country with my son but have no way of getting ahold of him for the notice. I do not have an address or phone number of any residence. I haven't heard from him in two years. I know it requires his signature for a passport but I cannot provide one since he is nowhere to be found. How can I give him notice if I can't find him? And how can I get my son a passport and travel out of the country without his signature because I cannot get it?
If you have sole legal custody pursuant to a Court Order, you many not need the written consent of the legal father. If the father is not supporting or seeing his child, you may want to file for a Termination of Parental Rights. Please see an attorney on this matter as I am not current on what passports requirements are presently and you should take your Order to the passport office to see whether father's consent is actually needed.
I agree with Ms. Murphy. You may want to have an attorney review your order before you expend too much energy tracking down dad as that may not be necessary. If it is determined to be necessary, you will want to discuss your options with an attorney, such as possibly seeking a termination of dad's rights. Good luck to you.
Fred Amos provides legal representation in Wake County , North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances.
From the standpoint of the custody order, it is unlikely the father will come out of the woodwork and allege you've violated the visitation schedule by taking your son out of the country.
As far as obtaining a passport for your son goes, you or an attorney must research Dept. of State requirements for obtaining passports for minors. This is not so much a state law issue as it is a federal regulation issue.
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