My question involves a child custody case from the State of: CA.
I have always had full physical custody of my son. His father shares legal custody because it is usually always granted. Anyway, his father has not seen his son for over a year and has seen him about 50 times total in his life. He will be 4 soon. I have gone to court to be able to relocate my child anywhere, so he has no say in where we live, has no idea where we live, and knows nothing of this child. When I show my son a picture of his father, he has no idea who it is.
I have a couple of things that we want to be able to do freely, with no interference: #1) I want to get a passport for my son and it requires a signature from both parents. If I don't know where he is, how am I to do this?
#2) I want to get married and am thinking that the best thing for my son would be to be adopted by my husband. Does the other parent have to relinquish rights if this is to be accomplished?
#3) I don't want this man appearing back into our lives and trying to take this child away from the only environment that he has known. He is known to go away for months at a time, to when it suits his life, then comes back in and expects my son to act like he is a loving caregiver. I don't want this inconsistency for my son. So, even if the adoption doesn't happen right away, full sole custody would help with this.
Could you let me know how to go about getting full sole custody (legal/physical)? If I don't know where his father is, do I just register this in the state that I am residing in?
I also want to note that there is no visitation agreement. I tried to set something up for 2010 in the fall of 2009, but he never responded and has been non responsive since then.