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How do you get a child passport when one parent is absent? What if one parent refuses to sign the passport application? If you need one, how do you get a court order for a child passport? We’ve got the answers to all these and more!
International travel with your kiddos is fun but it, without a doubt, requires more legal groundwork than domestic travel. In the United States, minor children [under the age of 16] are required to have both parents’ consent to obtain a passport. That means if there are two parties listed on the birth certificate, then both must be present with the child when you submit an application on their behalf.
[Please note: I cannot provide legal assistance. I am not a legal professional. This blog post is strictly informational to share our experience and our feedback on what worked for us. I see this question in forums all the time and I want to share how we walked through it.]
Table Of ContentsIf you feel you need formal legal assistance, check out RocketLawyer’s “Ask A Lawyer” feature where you can get help from real legal professionals.
Learn how to get a passport for your child even if the other parent is absent or even uncooperative. This guide contains the ins, the outs, the terms you need to know, contact attempt logs, and even contact information for the lawyer we used!
I had our youngest kid, Bug, as a single mother. Her father and I were not wed but we signed an affidavit acknowledging paternity at her birth which resulted in both of our names going on her birth certificate. [Click here to read more about our blended family.]
Unlike adult passports, child passports only last for 5 years. They cannot be renewed and when it expires, you must submit a new application and go through the process from scratch. That means every 5 years both parents and the child must show at a passport application facility.
Bug’s biological father signed for her initial passport but refused to sign the passport application for her second one. His reason was that he was afraid I would take her out of the country. Well, duh – that’s exactly my intention [hello, Spring Break Trips!].
If a parent refuses to sign a passport application, there aren’t any forms you can fill out to get around it. The law is clear and is designed to protect against international parental child abduction. You will have to pursue legal action and obtain the legal right to obtain [and hold] a passport for your child.
View this post on InstagramA court order to obtain a child passport is exactly what it says: a document provided by the court of law that explicitly states that you can obtain a child passport without consent from the other parent.
The majority of the time, this right is wrapped into a larger case of gaining full legal authority. Some states call it full legal custody. In Texas, it is called sole managing conservatorship. However, they all do the same thing. It means that you can make legal decisions for your child – including the decision to obtain a passport – without any other special forms [like a Travel Consent Form] or permission granted.
Sounds great, right? Now that we’ve completed this process, it is so incredibly freeing to have this right. Our court order has those magic words: “It is ordered that Monty shall have the exclusive right to apply for and maintain a passport for the child, Bug.” Relief in one sentence.
If you feel you need formal legal assistance, check out RocketLawyer’s “Ask A Lawyer” feature where you can get help from real legal professionals.
As a reminder, none of this is needed if you are the only parent listed on the birth certificate. If no one else is listed, you can submit your child’s passport application as normal.
OK but let’s say your child’s non-custodial parent isn’t refusing to sign the passport application. He [or she] is just unavailable, uncommunicative, or uninvolved. Fortunately, the Department of State clearly lays out how to get a child passport with one parent absent.
If they’re willing to give consent but cannot travel to the same location as you and your kid to obtain a passport, then they will have to provide a statement of consent. Formally called Form DS-3053, this form must be filled out by the absent parent and signed in front of a notary.
They will then send it to you [along with a front and back single-sided copy of their driver’s license] so that you can submit it with your child’s passport application.
If everything is in order, this works the large majority of the time.
If you are unable to get in touch with the other parent, the Department of State allows you to submit a Statement of Exigent/Special Family Circumstances [Form DS-5525]. It is basically intended to be a confessional explaining in as much detail as possible why you are unable to locate or get in touch with the other parent. Most of the time, they want supporting documentation to back up your explanation.
Some scenarios are cut and dry [like for example, the other parent is incarcerated, in isolation, and will not be released soon or you have a restraining order out on the other parent that prohibits contact]. However, in other scenarios [like in my case, he simply would not respond to any of my text messages, e-mails, or phone calls] the success rate varies. I’ve heard stories from many parents that tried this route and had their applications denied after 6-8 weeks of waiting.
If you’d like a “sure-fire” way to obtain a passport for your child when you cannot locate the other parent, then you should obtain a court order for a child passport. However, if your travel time frame allows, this is a less expensive option to try first.
If you feel you need formal legal assistance, check out RocketLawyer’s “Ask A Lawyer” feature where you can get help from real legal professionals.
Learn how to get a passport for your child even if the other parent is absent or even uncooperative. This guide contains the ins, the outs, the terms you need to know, contact attempt logs, and even contact information for the lawyer we used!
All in all, have grace with yourself as you navigate this process. Please know that you aren’t the first and [unfortunately] won’t be the last to have to figure it out. But there are remedies available! Good luck in your journey!
Montoya (Monty) Hudson is the founder and primary voice behind The Spring Break Family. She has created informative travel content for families since 2018 by providing practical advice, easy to follow itineraries, and addressing the real challenges of family travel. Since the creation of her family travel blog, she's inspired thousands of families to travel the world with their kids.
