Getting a passport for your child after a divorce can be tricky if the other parent isn’t cooperative or can’t be reached, but there are steps you can take.
Standard Requirement
As a rule, both parents need to consent to a child getting a passport. This means either appearing together at a passport acceptance facility or one parent providing a notarized Form DS-3053 (Statement of Consent) from the non-applying parent. However, this is not your only option if the child’s other parent isn’t cooperative or is unavailable.
Options When the Other Parent Isn’t Cooperating
- Try to Locate and Request Consent First
- Send a formal request (e.g., via certified mail or email) asking for their consent and include a blank DS-3053 form. Give a reasonable deadline (like 10-14 days). Document everything—dates, attempts, responses (or lack thereof). This shows you’ve made a good-faith effort, which can help later.
- Use Form DS-5525 (Statement of Exigent/Special Family Circumstances)
- If you can’t get consent, fill out Form DS-5525. (https://eforms.state.gov/forms/ds5525.pdf). This is for situations where one parent is unavailable or refuses to cooperate. You’ll need to explain:
- Why the other parent can’t be contacted (e.g., no response, unknown whereabouts).
- What efforts you’ve made to reach them (e.g., calls, emails, messages to relatives).
- Any special circumstances (e.g., urgent travel for medical reasons, family emergency).
- Attach evidence like communication attempts, or police reports if applicable. Be detailed but concise—the State Department will review this case-by-case.
- It is important to note that completing the form alone does not guarantee the child will be issued a passport.
- Court Order Granting Sole Custody or Passport Authority
- If you have sole legal custody of the child, you do not need the other parent’s consent—just bring the court order to your appointment.
- If you have joint legal custody of the child, you can file a motion asking a judge to:
- Grant you sole authority to apply for the passport, or
- Order the other parent to provide consent.
- Courts often grant these passport requests on an administrative basis if there’s no clear risk (e.g., abduction concerns) and travel benefits the child (e.g., visiting family, education). A family law attorney will be able to assist you in the proper preparation and filing of this request to ensure a swift and positive outcome.