Legal Question in Family Law in California

Obtaining a passport

I have sole legal custody of my son. The mother is allowed 1 8-hour visit per month. Court doc states mother is allowed correspondence with teachers, providers, etc, just has no legal deciding factors. Court docs do not say anyting about leaving state or county. Only thing they say is I have to notify her if I MOVE out of current county. Court docs also state I am to have phone and address of mother and if those change, she is to provide within 48-hours.

Mother hasn't seen her son in 2 years and hasn't spoke with him in 6 months. Her phone is and has been disconnected for 4 months and she moved over a year ago and because she lives in NV and I in Ca. nobody can find her. Child support has been looking for her ($14,000 in past arrears) and she's running from them.

Question. My wife and son and I want to go to Cabo (family has house there and the whole family is planning a vacation this summer). We need to obtain a passport for my son. Because I have sole legal, do I need her to do this? If so, what do I do now that there is no way of finding her?

Please advise. Thank you.


Asked on 4/16/08, 2:14 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Obtaining a passport

if you need her consent, and i'm not sure you do, and you can't find her, you'll have to get authority from the court to give notice by publication of your OSC regarding authority for the passport. you might be able to get the court's clerk to sign on behalf of the child's mother. again, however, i don't think you'll have to go that far. with sole legal custody, you should be able to make all the decisions without mom's consent.

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Answered on 4/16/08, 3:26 pm


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