Traveling With My Minor Child Without Her Dad's Consent for Passport

[mom21girl]

TO put this as simply as possible:
Child is 3 years old. We live in California. Dad moved to South Carolina in March of this year.
We don't have anything legal written up in regards to custody, etc. I get the occasional call from him asking how child is doing, but he hasn't seen child since before he left. In other words, there is very minimal involvement from him.
Now that you have the basic background stuff ...
I want to go to England for a visit some time in the next year. It's to my understanding that both parents have to be present to sign the minor child's passport.
Since dad is living out-of-state, there's a consent form he can sign and mail to me, so he doesn't have to be here in person. I have asked him to sign this particular form and mail it to me, but he refused.
Does this mean I can't take my child with me to England?
I am convinced there has to be another way to obtain my child's passport. What do I have to do to make this visit to England possible for both of us?

 

[Proserpina]

Were you married to Dad?

Is he listed on the birth certificate?

 

[mom21girl]

We were never married, and he is listed on the birth certificate.

 

[Proserpina]

You are going to need to prove that you are the sole legal custodian. Otherwise - you can either try to persuade Dad to sign the correct forms, or take it to court and have the court order Dad to sign the forms.

I strongly advise you to put your travel plans on hold until then.

 

[mom21girl]

First, how do I prove that I am the sole legal custodian?
Second, if this is the route I choose to take, how do I get the court to order dad to sign the required forms?

Does this mean starting a custody battle just so I can have my child's passport?

 

[Proserpina]

Honestly?

In a nutshell, yes.

If you were the only parent listed on the birth certificate it would have made things somewhat easier for you. But since Dad is listed, you're going to need some sort of documentation (be it his consent or a court order) stating that you have permission to a) get the passport and b) take kiddo out of the country.

This might help you

 

[twilightwatch]

What happened??

TO put this as simply as possible:
Child is 3 years old. We live in California. Dad moved to South Carolina in March of this year.
We don't have anything legal written up in regards to custody, etc. I get the occasional call from him asking how child is doing, but he hasn't seen child since before he left. In other words, there is very minimal involvement from him.
Now that you have the basic background stuff ...
I want to go to England for a visit some time in the next year. It's to my understanding that both parents have to be present to sign the minor child's passport.
Since dad is living out-of-state, there's a consent form he can sign and mail to me, so he doesn't have to be here in person. I have asked him to sign this particular form and mail it to me, but he refused.
Does this mean I can't take my child with me to England?
I am convinced there has to be another way to obtain my child's passport. What do I have to do to make this visit to England possible for both of us?

I am in the SAME BOAT - and wanted to know what happened in your situation???