Traveling with a Child? passports and parental consent

So exciting! You are taking your child out of the country, maybe for the first time, but you hit a roadblock. How do you get a passport for a child and how involved does the other parent have to be? Let’s find out!

Scenario #1: You are the mother of the child. There is no father listed on the child’s birth certificate. No person has ever been found to be the father of the child in a court proceeding.

You may obtain a passport without the consent of the other parent or a court order.

Scenario #2: You are the mother or father of a child, and both parents’ names are listed on the birth certificate. There is no court order of custody because you have never been to court before.

You must obtain the other parents’ consent. The parent filing for the passport must also file a signed and notarized consent form signed by the other parent.

However, you have the option of obtaining a court order for “sole custody” and may obtain the passport without the other parent’s consent if 1) you are the mother of the child, 2) you were unmarried at the time of the child’s birth, and 3) the father has never legally established paternity through a court case. If you meet these criteria, we can help you obtain the court order for sole custody.

Scenario #3: You are the mother or father of a child, and you have been to court before. You either have primary custody or joint custody of the child, and the other parent will not sign off on the travel.

You must obtain the other parents’ consent. The parent filing for the passport must also file a signed and notarized consent form signed by the other parent.

However, if the other parent is wrongfully withholding their consent, then we can help you get a court order directing the other parent to sign. We will need to know your travel plans and the reason for the passport.

Scenario #4: The other parent is deceased.

If the child’s other parent has passed away, then you will need to show the passport office a certified copy of the deceased parent’s death certificate.

Do you have a scenario that is not addressed here?

Please call us! We love a challenge. We can advise you in any family law situation. Give us a call today and see how we can help.