Q: How do I obtain a passport for my minor child when the other parent refuses to sign the form?
Ex and I were never married. Ex lives in New York, Son and I reside in FL. Son was born in Florida. Ex said he will not sign the paper work so I can get our sons passport. I got my sons passport when he was three months old (ex was not on birth certificate at the time, was added later in time) when it was time to renew passport, ex said he will not sign paper work. There are no court papers stating he nor I have sole custody and he never applied for any type of visitation. I've just had our son since he was born and ex isn't emotionally or physically involved. He never comes to Florida to see our son. He has seen him a few times when I visited NY because I let him know we were in town. Ex pays child support through NY court, but I was told anything to do with custody or visitation would be through Florida court. Is there a petition that I can have an attorney file for me just to be able to obtain a passport for my child? Any advice would be greatly appreciated. Thanks in advance
A:
In your situation, obtaining a passport for your minor child without the other parent's consent can be challenging, but there are steps you can take. Since both parents are typically required to give consent for a minor's passport, your options may include seeking a court order that allows you to obtain the passport without the other parent's signature.
You should consider filing a petition in your local court in Florida, as custody and related matters would likely fall under Florida jurisdiction given that you and your son reside there. This petition can specifically request permission to obtain your son's passport without the other parent's consent.
In preparing your case, document all the efforts you've made to obtain the other parent's consent and any evidence of his lack of involvement in your son's life. This documentation will be important in court.
It's advisable to consult with an attorney who has experience in family law and understands the intricacies of interstate issues. They can guide you through the legal process, prepare the necessary paperwork, and represent your interests in court.
Remember, every case is unique, and the court will consider what is in the best interest of the child when making its decision. An attorney can help ensure that your son's needs and your rights are effectively represented.
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