If you’re divorced and need to get a passport for your child, you’re probably wondering how your custody situation affects the process. The good news is that every U.S. citizen child can get a passport, regardless of age. The challenging news is that there are special rules for children under 16 that can be tricky to navigate, especially when parents are divorced.
Why These Rules Exist
The passport rules for minors exist to prevent child abduction and unauthorized travel. Because of this, the process requires extra steps that can feel overwhelming, but understanding them up front will help you get through it smoothly.
The Basic Requirements
Your child must appear in person at an authorized passport facility, even if they’re a newborn. There’s no age exemption for this requirement, so plan to bring your baby and be prepared to hold them during the application and photo process.
Both parents typically need to give consent for children under 16, but there are important exceptions for divorced parents that we’ll cover below.
What Forms and Documents You’ll Need
The main form you’ll use is Form DS-11, the passport application. This is used for first-time applications or for any child under 16. Don’t sign it until you’re at the passport facility with your child. You’ll need to bring original proof of your child’s U.S. citizenship such as a certified birth certificate or naturalization certificate. You’ll also need proof you’re the parent, which can be a birth certificate with your name, adoption papers, or custody order. Bring your valid photo ID plus a photocopy, and have a passport photo of your child that meets the strict Department of State requirements.
If your ex-spouse can’t appear in person but is willing to give consent, they can fill out Form DS-3053, the Statement of Consent. This form must be notarized, and if your ex is overseas, it must be done at a U.S. embassy or consulate. The form needs to be accompanied by a photocopy of their ID and must be used within 90 days of signing.
For emergency or special situations where you can’t get your ex-spouse’s consent due to abandonment, domestic violence, incarceration, or other serious circumstances, you may be able to use Form DS-5525, the Statement of Exigent or Special Family Circumstances. This requires a detailed explanation of your situation along with supporting documents like court orders or affidavits. Keep in mind that approval isn’t guaranteed and may result in a limited passport.
Common Scenarios for Divorced Parents
If you have court-granted sole legal custody, you can apply for your child’s passport without your ex-spouse’s involvement. You’ll need to bring a certified copy of your custody order that clearly shows you have sole legal custody. No additional consent forms are required in these cases.
Joint custody situations where your ex won’t cooperate are unfortunately common. If your ex-spouse refuses to appear or provide consent, you may need to try mediation first, consider filing a motion with the family court, or explore whether your situation qualifies for the emergency exception using Form DS-5525.
If your ex-spouse has disappeared or can’t be located, you may qualify for the emergency exception. You’ll need to document your efforts to find them and explain the circumstances in detail.
If you’re a step-parent or guardian rather than the biological parent, you can apply if both biological parents provide notarized permission, or if one parent has sole custody and gives you permission. You’ll need to provide valid ID and proof of your relationship to the child.
Important Things to Know About Your Child’s Passport
Children’s passports are only valid for 5 years, unlike adult passports which last 10 years. When the passport expires, it cannot be renewed by mail. You’ll need to go through this entire process again with a new Form DS-11 application.
Even if your teenager still has a valid “child passport” when they turn 16, they’ll need to reapply in person for their next passport.
Practical Tips to Make This Easier
Start early because passport processing can take 6-13 weeks, and delays are common during busy travel seasons. Get your documents in order first by gathering everything before making your appointment to avoid having to reschedule. Bring extras like multiple forms of ID and certified copies of important documents in case something is questioned. For babies and toddlers, bring comfort items and be patient with the photo process. The staff understands that children can be fussy. Consider expedited processing if you’re traveling soon. This costs extra but can reduce processing time to 5-7 weeks.
If You’re Dealing with a Difficult Ex-Spouse
Unfortunately, some divorced parents use passport issues as a way to create conflict or control. If your ex-spouse is being unreasonable, document all your attempts to cooperate and consider involving your family law attorney. Keep your child’s best interests, like a family vacation or educational trip, at the center of any court discussions. Remember that the passport office staff have seen these situations before and may be able to offer guidance.
Red Flags to Avoid
Don’t try to forge signatures or provide false information. This is a federal crime and will create much bigger problems for you and your child.
Don’t assume your custody order gives you more authority than it actually does. Read it carefully or have an attorney review it if you’re unsure.
Getting Help
If your situation is complicated, consider consulting with a family law attorney who can help you understand your options and potentially assist with court motions if needed. Many attorneys offer brief consultations that can clarify your rights without a major expense.
Remember, thousands of divorced parents successfully navigate this process every year. With the right preparation and understanding of your options, you can too.
Experienced, Trusted, and Professional Creve Coeur, St. Charles, and O’Fallon Divorce Lawyers
The Marks Law Firm, L.L.C. can assist you with your divorce or related issues. We serve clients throughout the St. Louis area, including Creve Coeur, St. Charles, and O’Fallon, and we’re prepared to discuss the unique circumstances of your case.