Family Law

Passport questions, and questions regarding international travel for children come up frequently in divorce.  Womensdivorce.com has a great post on these topics:

Do non-custodial parents need to provide passport consent? There are specific rules for issuing passports to children of divorced parents.

According to the US Department of State, both parents must provide consent authorizing passport issuance for a minor under age 16.  Effective February 1, 2008, Public Law 106-113, Section 236 requires that U.S. passport applications for children under the age of 16 require both parents' or legal guardians' consent. Read additional information on the Two-Parent Consent Requirement.

Below you will find frequently asked questions concerning custody and passport consent issues:

• Can I get a passport for my kids without their father's consent?
• Do I need sole custody to get my child's passport without his permission?
• Can he make me me sign passport papers if I have sole custody?
• Can he stop me from moving out of the country if I have custody?
• What if he won't sign the passport consent application so I can move?
• Can he get passports for the kids without my consent?

Can I get a passport for my kids without their father's consent?

Christina's Question: I was awarded temporary custody of my son until our next court date. Can I get a passport for him without his fathers consent? I may be traveling soon, my lawyer isn't sure if the laws have changed. Can you let me know if their is a web address I can read about my rights with temporary custody?

Brette's Answer:  Generally, you need permission of the court to leave the country during a custody case. As for obtaining a passport, you can check the regulations on the US Department of State web site (please refer to Special Requirements for Children Under Age 16 for more information).

Is sole custody needed to get a child's passport without his permission? 

Toyin's Question: Is it necessary to seek out sole/full custody under the reason that the father is not wanting me to get our daughter a passport? She lives with me 100% and I support her individually, 100%.

Brette's Answer:  Unless you have sole legal custody, you need the signatures of both parents to get a passport . » Return to questions

Can he make me sign passport papers if I have sole custody? 

Shauntae's Question: I was granted sole legal custody of my two children. He is from another country, and I am afraid that in the future he will want me to sign a passport for one of the children. I am against this! Does he have a right to having me sign passport papers? I must also mention he won't tell me where he lives and lies about living in three different places.

Brette's Answer:  If you have sole legal custody no one is going to make you sign a passport application unless you have control of it. A court is certainly not going to allow him to take your children out of the country if he won't even tell you where he lives.

Can he stop me from moving out of the country if I have sole custody?

Anna's Question: I already have a sole custody of my son. I do not want to live in USA anymore and want to go live with my family in Europe. I got a very good job there and my family can watch my son while I am at work. Can my ex-husband stop me somehow from moving?

Brette's Answer:  Yes. You need to try to work this out or get an attorney who can help you.  » Return to top

What if he won't sign the passport consent application so I can move?

Jamica's Question: I asked my ex to sign an application so that I can get our daughter a passport because I was thinking about taking a job overseas. I want to take my children with me if I accept the position. Well, he is very angry will not sign the passport consent application so that I can obtain this document. I have been raising her for 8 years with no support from him. Is there anything I can do legally?

Brette's Answer:  File a petition with the court asking him to be ordered to sign it. If he has visitation he can challenge your plan to leave the country however. Good luck.

Can he get passports for the kids without my consent?

Joann's Question: I am the sole managing conservator, and my ex has the standard visitation rights. However, he has never exercised his rights, including extended summer visitation. Since he has never used his visitation, we planned and purchased air tickets and tour packages abroad for this summer. Now my ex is wanting to exercise his visitation rights and take the kids during our planned vacation time and told me that he will bring the kids abroad himself. Can I stop him from taking the kids abroad during his visitation? Can I not surrender my children's passports to him? Can he apply for lost/stolen passports and get new ones for my kids without my consent? What options do we have?

Brette's Answer:  Since he has never used his visitation in the past, you can ask for a modification since you already made plans. I think a court would find it reasonable to change the dates of the access. You can ask that he not be permitted to take them out of the country. He cannot obtain a passport if they already have one and you do not sign off.  » Return to top

Note: Parents may request that their children's names be entered in the U.S. passport name-check system (For more information, contact the Office of Children's Issues). The Children's Passport Issuance Alert Program provides:

• Notification to parents of passport applications made on behalf of minor children, and
• Denial of passport issuance if appropriate court orders are on file with CPIAP

» Return to top of  Passport Consent

Please click here for the original article.