Attempting to have parental rights terminated in Oregon.

[Ciennasmom]

I'm getting so FRUSTRATED! I have a 5 yo daughter. Her bio dad is in prison for the 2nd time since she was born. Also having had MANY short jail stays in between. He pays no child support, has an extensive drug, alcohol and criminal history. His sporadic (twice yearly) visitation which is never prearranged serves more to confuse my daughter than anything else. Has no home of record (other than state correction facilities) and no income. I have contacted several family law attorneys and they all either "don't do that" or "can't help". The court clerks aren't allowed to help do anything but file the paperwork. There is no "legal aid" in the area that will help unless there is an imminent threat of violence, which is not the case here. There seems to me no legal advice to be had and the only Oregon law that I can find on the topic refers specifically to adoption situations where the child is being removed entirely from both parents and placed with another family.

I want to move on with my life. One which does NOT include this man. I was just told this week that I need his permission to get my daughter a U.S. passport?!?!  There has to be a way out of this mess.

[zebra15]

http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch 

Read the 3rd bullet...

[zebra15]

http://www.us-passport-service-guide.com/child-passport.html 

Yes getting a passport is a PIA.

[Halfasianmomma]

I don't know how it works in the US, but I assume the rules are somewhat similar as here in Canada.

I have sole physical custody but shared legal. Even so, I was told by Passport Canada that if I first needed to try to get my XH to sign the passport application, usually by sending him a request via registered mail so that I know it has been received. I can also send email with proof of receipt. Since I know he will refuse, I am to provide the application office with proof of my attempts and of his refusal, at which point they may consider granting me a passport. In Canada, it is every citizen's right to have a passport...a disgruntled parent won't get in the way of that.

The same sort of thing works if the parent has been absent. I would provide the application office with XH's last known address and phone number, indicating how long it's been since I've seen him. This, along with DD's birth certificate and the custody order granting me sole physical custody should be sufficient. Seeing as your X is in jail, I think you should call your passport office and see what they can do to help you get your DD's passport. They must get cases like yours and have policies to deal with them.