Legal Question in Family Law in Utah

Passport for child; biol mom not around for past 11 years
Hi, My ex and I divorced in 1997 and
the biol. mom has not made any
contact with our child since then
(child was 10 mos. at last contact).
Biol. mom sent a couple of letters
about 10 years ago demanding
visitation, but never put a return
address on letters, went through my
attorney, or anything, as she was
trying to avoid me knowing her
whereabouts (no abuse, etc.; she
just didn't like me). Anyway, I raised
my child alone for a few years and
then remarried about 7 years ago. In
my divorce decree, it says the
plaintiff (me) ''is awarded custody of
the minor child of the parties, to-wit:
[child's name & date of birth], subject
to reasonable rights of visitation of
the defendant.''

I currently have no idea where the
biol. mom is or how to get hold of
her.

1) Does this mean that I have
custody of the child to the degree
that my wife can adopt the child (the
only mother the child has ever had)?

2) Can we get the child a passport so
the child can go on vacation with us
(biol. mom name is still on birth
certificate)?

Thanks in advance!

Asked on 7/06/09, 4:07 pm

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: Passport for child; biol mom not around for past 11 years

You need to file for sole legal and physical custody, including a finding for legal abandonment by the birth mom.

You may call for a free consultation.

Answered on 7/06/09, 4:41 pm

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