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  1. #1
    Join Date
    Feb 2010
    Location
    Roseville Ca.
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    4

    Default Getting a Passport for a Minor When One Parent is Incarcerated

    My family and I are going to take a cruise this summer. We have to have passports. My step-son's Bio-Dad is incarserated, has been for 8 years and will be for a VERY long time. He has not seen or even tried to talk to my step son since he was incarserated. We do not wish to open that door and don't know where he is. To get a passport for a juivinile, both bio-parents need to sign on the dotted line. How can we do this without involving biodad?

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: to Get a Passport with 1 Parent in Prison

    Why hasn't your wife terminated his rights thru the courts?

    If that is done, then you can adopt him and you will be his legal parent, therefore signing to get his passport.

    Otherwise, I would talk with an attorney about this. Consultation shouldn't cost very much. Some states also have free legal help, a faciliatators office.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    27,315

    Default Re: to Get a Passport with 1 Parent in Prison

    Quote Quoting mrshiggins
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    Why hasn't your wife terminated his rights thru the courts?

    If that is done, then you can adopt him and you will be his legal parent, therefore signing to get his passport.

    Otherwise, I would talk with an attorney about this. Consultation shouldn't cost very much. Some states also have free legal help, a faciliatators office.


    This may not be accurate and a termination of parental rights is, even if it's possible, not going to be completed by the summer.

    OP, does Mom have sole custody? If that's the case, she does NOT need Dad's signature for his passport.

    Quick question though - how does Mom NOT know where Dad is, if he's incarcerated?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: to Get a Passport with 1 Parent in Prison

    Quote Quoting Dogmatique
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    This may not be accurate and a termination of parental rights is, even if it's possible, not going to be completed by the summer.

    OP, does Mom have sole custody? If that's the case, she does NOT need Dad's signature for his passport.

    Quick question though - how does Mom NOT know where Dad is, if he's incarcerated?
    Yes it probably wouldn't be completed by summer... I must've missed where OP said they needed it done by summer. But if the bio dad did something to the point of not getting out of jail for a long time, there is a possibility for the mother to ask the judge to terminate the biodads rights and in turn the stepdad can adopt step son. That would make the step dad the legal parent for child.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,315

    Default Re: to Get a Passport with 1 Parent in Prison

    Quote Quoting mrshiggins
    View Post
    Yes it probably wouldn't be completed by summer... I must've missed where OP said they needed it done by summer. But if the bio dad did something to the point of not getting out of jail for a long time, there is a possibility for the mother to ask the judge to terminate the biodads rights and in turn the stepdad can adopt step son. That would make the step dad the legal parent for child.

    Yeah, they're going on a cruise in the summer

    I do not disagree (and didn't) that terminating Dad's rights is possible, given the lengthy sentence.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,554

    Default Re: to Get a Passport with 1 Parent in Prison

    Not all convictions, even those that lead to long periods of incarceration warrant a TPR. If the OP needs a passport before the summer, she simply needs to get a court order giving her sole legal custody.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

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