How do I get my child a passport if I am divorced and the other parent is not available or uncooperative?

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

1. 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.

2. 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 issues a passport.

3. 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.