Menu
Search

November 10,2017

Divorce

How Does Divorce Affect My Child Getting a Passport?

HomeBlogDivorceHow Does Divorce Affect My Child Getting a Passport?

Do I need my ex-spouse’s permission to obtain a passport for my child?

If you are divorced or in the middle of a divorce and wish to travel internationally with your child, it is important that you understand the numerous laws regarding passports for minor children.  The U.S. Department of State has specific requirements for parents seeking to obtain a passport for their child.  Our Oak Brook, Illinois divorce lawyers at Goodman Law Firm discuss what you need to know about getting a passport for your child during or after a divorce.

Special Requirements for Children Under Age 16

The United States Department of State has a specific list of Special Requirements for Children Under Age 16.  The law states that all passport applicants under the age of 16 must apply in person for a passport.  Along with the other standard required documents, you will need to submit documentation listing the parents or legal guardians of the child applying for the passport.

You will further need to show parental consent.  Both parents or guardians must authorize the issuance of the child’s passport.  Usually, both parents will go in person to apply.  However, if you are in the middle of a divorce or currently divorced, this may not be a possibility.   When both parents do not appear in person, you will need to show that you either have sole legal authority over the child or the other parent consents to the passport.

Proof of sole legal authority could include a copy of a court order granting you sole legal custody.  In the alternative, you can submit a complete court order permitting you to apply for your child’s passport or a certified copy of the child’s birth certificate listing just you are the only parent.

If you share joint custody with your ex-spouse, you will need his or her consent.  So long as your ex-spouse agrees, he or she can give permission for the passport by signing a Form DS-3053.  The form must be signed and dated in the presence of a notary public.  In the unique circumstance where one parent cannot be located, you may still be able to obtain a passport for your child if you can present sufficient evidence.

At times, the ex-spouse will refuse to provide consent for the child to get a passport.  There may still be ways for you to obtain a passport for your child with the assistance of the court. Contact a divorce law attorney for assistance.

Share:

Facebook Twitter shop insta

Archives

LATEST POSTS

Related Posts

When is the Right Time to Contact an Illinois Divorce Attorney?

05 Apr 2021

Many people think that consulting with a divorce attorney before you are certain that you are ready to pull the trigger on divorce is a bad or unnecessary idea. However,…

How Therapy Can Help You Navigate Divorce

31 Mar 2021

Navigating marriage issues or divorce is a complex, emotional process. Whether you are contemplating the fate of your marriage or are certain about your divorce, and regardless if it is…

What Are the Signs of Parental Alienation?

23 Feb 2021

In the eyes of a court, alienation is one of the worst things that a parent can do during and after a divorce. It is often enough for a judge…

Feel Free to Ask a Question

We are here to answer any questions you may have about our legal services and how we can help with your family law problem.

We make every effort to return your email
or call the same business day or within 24 hours.

At Goodman Law Firm, we take your privacy seriously. Please leave us only a private cell phone number or private email address where you may be reached.

Call Now Button