Summary
If the other parent is absent, you may need sole legal custody to obtain your childs passport. In South Carolina, you can file a petition in family court to terminate the absent parents rights by proving abandonment and the childs best interest. Both parents have equal rights if never been to court, but the parent with physical custody may have primary decision-making power. Consult a family law attorney for guidance.Full Conversation
Obtaining my child's passport. Other parent has been absent from child's life since before their first birthday.
Hello ****, I understand your situation. In general, both parents' consent is required for a passport application. However, there are exceptions:
- If you have sole legal custody, you can submit evidence such as a court order.
- If the other parent's whereabouts is unknown, you may submit Form DS-*.
Please consult a legal expert to understand your best options.
Never been to court
Hello ****, If you never been to court and the other parent is absent, you may consider getting a court order granting you sole custody. This would make the passport process easier. Consider consulting with a family law attorney for assistance.
How do I go about terminating the absent parent's rights?
Hello ****, to terminate a parent's rights in South Carolina, you may:
*. File a petition in family court.
*. Provide convincing evidence that the parent abandoned the child.
*. Prove the termination is in the child's best interest.
Please consult a family law attorney to guide you through the process.
Thank you
You're welcome, ****. If you have more questions in the future, feel free to ask. Good luck with your process, and don't hesitate to seek legal advice. It's crucial in such situations.
One more question, what is the child custody laws in SC, if never been to court?
In South Carolina, if parents have never been to court, both parents have equal rights and responsibilities. However, the parent with physical custody may have primary decision-making power. To make it legal, you should:
*. File for custody in family court.
*. Prove it's in the child's best interest to live with you.
*. Present evidence of the other parent's absence.
Always consult with an attorney to understand your rights better.
Thank you
You're welcome, ****. If you have any more questions or need further clarification, don't hesitate to ask. Remember, it's always best to consult with a legal professional in your area to fully understand your situation and rights. Good luck!