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How to obtain sole custody

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SJV14

Junior Member
What is the name of your state (only U.S. law)? VA

An unwed couple had a child 9 years ago in the state of FL. The father is not a US citizen. He's name is on the birth certificate. There's no court order in place. The mother left the state 8 years ago. She has now been married for 8 years to a military man and is living in the state of VA. The father hasn't been in the child's life for 8 years. He's whereabouts are unknown (may be back in his native country) . The military family will be stationed overseas next year. The child will need a passport to travel. On the application it states that both parents need to be there in person and sign the application. This is not possible. I understand for the passport there is a form 3053 (letter of consent), line 5 "State of Special Circumstances" where you explain in detail why the non-applying parent is not available. I've read this is hit or miss when submitting this form as well. Is it possible for the mother to obtain sole custody in the state of VA when the father's whereabouts is unknown? If so, how does the mother go about it?
 


CJane

Senior Member
Mom should attempt to get the passport first. She should be as specific as possible, to include the last time there was contact, the fact that he may not even be in country. Etc

Failing that, she should hire an attorney to help her with the custody process. It can be a long process, and when the other parent cannot be located, needs to be handled properly.
 

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