Obtaining a Passport for Your Child in divorce

There are subjects to bring up during the divorce proceedings to make life easier down the road. When  big issues, such as custody and division of property are looming in the forefront, it is easy to forget about smaller ones. If your child’s passport is up for renewal, or a new one needs to be issued, then have your spouse sign a notarized letter right then and there to give you permission to obtain one for minor children. There is a notary in every attorney’s office.

If you had an acrimonious divorce and now you want to take your child out of the country, this could be a touchy situation. If your child is 16 or older then she can get her own passport without both parents’ permission. If under 16, then both parents must go to the passport center together, with the necessary documents, such as a birth certificate. If this is not feassible, then one parent may give notarized permission for the other parent to obtain the passport for their child. If your child is close to 16 and her passport is expiring make sure that there is at least six months left on it. One family was turned away from getting into Argentina when their children had only a few months left on their passports.

If you have a judge involved in your child’s life then the US Passport Agency will allow a judge to send a statement giving permission for just one parent to obtain a passport for a minor. This could be the judge who presided over your divorce case. Your teenager can petition the court herself for the right to have just one parent obtain her passport. In one case a 15 year old had a judge for an unrelated issue. When his father refused to participate in his passport renewal, then that judge wrote a note on official court stationary to the US Passport Agency allowing the child to get a passport with just the mother. The mother had a notarized copy made and carried that with her when she left the country to avoid any complications with customs. When one parent takes a child out of the country, then notarized permission from the other one may be required by the airlines or customs. If you do not have contact with your ex-spouse, then e-mail the court designee (court moniter in my case) and carry their response that they notified the other parent. I took a copy of the court moniter’s e-mail and that worked well.

If you have your child’s passport in your possession and the other parent asks for it to plan a trip, be careful if you think that there could be a risk for kidnapping. Consult your lawyer if you are in this particular circumstance.