Need advice on having runaway dad removed from custody agreement

Deborah Holstine - posted on 10/06/2015 ( 3 moms have responded )

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Hi moms out there...Anyone know how to file for the removal of a father from joint custody agreement? Biological father been actively running away from me and children and avoiding all contact for 5 years. There is no child support agreement and no reason for avoidance except to inflict mental abuse and feelings of abandonment in the children. Haven't pursued resolution because it has been a non issue legally until applying for passports for the children. Can't do it for the 16 year old without consent from his father. Which is impossible to obtain. Prepared to call a lawyer if I have to but was hoping for some advice from any mom that has been through this before I start to navigate the legal system. Thanks for reading!

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♫ Shawnn ♪♫♫ - posted on 10/07/2015

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Only way to handle this is through courts. In the US, you cannot get a passport for ANY of your children without his consent, either in person, or by signing the affidavit.

Jodi - posted on 10/06/2015

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Even if a father has no parental responsibility (custody), he is still required to sign for the passports - at least where I live he does. It makes no difference if he has any custody or not - you will still need his permission, UNLESS you file in court for them to grant you the permission.

Ev - posted on 10/06/2015

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You have it in a nut shell. You can not get passports done until the kid is either older or dad is found to sign for the passports to be done. You also did say that you will have to go to court with a lawyer to get his rights taken away or off the custody agreement but the judge is not going to just take him out. There has to be valid reasons and depending on what the law in your state says about abandonment after a custody agreement is reached. Only then will you know what you can or can not do.

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