Legal Question in Family Law in New York
Father (us citizen) lives abroad . Child's US passport has expired & dad (non-custodial parent) will not sign the affidavit for a renewal unless I take him off child support & credit his arrears of $25000. My child was born abroad in my home country -Child has dual citizenship -we never married & I had default sole custody- I have the translated documents showing that. Child has always lived with me (nyc ), contact with father is sporadic (fathers choice ). I am the sole provider. We have no address on the father & child only communicates w. dad over skype . I can't serve him w. papers to establish full sole legal custody to renew passport; I have no idea where he lives & the court clerk won't acknowledge my notarized docs from overseas because it says 'sole custody' & not 'sole LEGAL custody '. What can I do?
1 Answer from Attorneys
First get a set of papers made with his last known address, hire a defective to serve it, then apply to court with this case attached to serve the documents through your Skype.
Baidoo v Blood-Dzraku
2015 NY Slip Op 2509 http://www.courts.state.ny.us/reporter/3dseries/2015/2015_25096.htm.
I firmly been lieve that the best way to do this is with an attorney as it is biff simple as the request has to be written in detail and all the points properly addressed.
This is a general knowledge answer and not legal advice. Please see a lawyer who can fully review your case to make sure this action is merited.