Should i file for custody of my daughter?

Isabel I - posted on 04/05/2012 ( 4 moms have responded )

5

0

1

My daughters fathers name is on the BirthCertificate he didnt sign anything saying he is the father but he has not been around since i found out i was pregnant (my daughter is now 9 alost 10 months) due to i have a restraining order agenst him.I was wondering that if i wanted to take my daughter to mexico i have to get her a passport, but because his name is on the Birthcertificate do i have to ask him for permission or would it ust be easier to get custody of her or if i should do it

MOST HELPFUL POSTS

♫ Shawnn ♪♫♫ - posted on 04/05/2012

13,264

21

2015

LOL...November, you just confirmed my suspicion that Wyoming is more lenient on DL laws...



We didn't have to have both parents present, nor did one have to sign anything before our son got his, and I was wondering if we would have to...and was very glad we didn't, when it came down to it.

4 Comments

View replies by

[deleted account]

I know nothing about passports, but I do know that when my kids go in to get their driver's licenses (assuming this happens before they turn 18) I will have to bring in a copy of my divorce decree that states I have full legal custody.



Since his name is on the birth certificate... you will either need documentation that you have full legal custody... or you'll need him there to give permission (either in person or notarized writing).

♫ Shawnn ♪♫♫ - posted on 04/05/2012

13,264

21

2015

If you do not have sole legal custody of your daughter, then the US passport agency will not issue a passport without both parents being present at the office, or, in lieu of one parent, a notarized statement from the absent parent must be presented with the passport application.



Since you put his name on her birth certificate, they will want to either see him with you when applying for the passport, or have that notarized statement included with the passport application. Please understand that the notarized statement MUST come from him.



So, I guess my question would be this: will he have a problem with signing a statement in front of a notary, giving you the authorization to apply for a passport for your daughter? If so, then I'd start the proceedings to have his parental rights removed, thus (I think) negating the necessity for his approval.



I am not POSITIVE that him relinquishing his parental rights will be enough, and I am not positive that you could not find another alternative. My recommendation is (if you're in the US), look up the passport rules and regs. They can be confusing...I did it 2 years ago for my son to travel to Germany, and had to do the notarized statement thing because I couldn't take off work to go to the passport office, so I sent him and my hubby (his dad) with my notarized statement.



I did notice that they do have different conditions for different circumstances, so I'd definitely check out what you need. And, I did find the people at the customer service line to be very friendly and helpful with my questions (some of which I felt stupid asking, believe me ;-) )



Here's the link for the guidelines for the minor, and it does say that if you have court documentation of sole legal custody, you don't need anything from the other parent, regardless of whether they are listed on the birth certificate:



http://travel.state.gov/passport/get/min...

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms