Family Law: Passport for Minor Child

What do you do when you hear your ex-spouse plans to take your children on a vacation out of the country? What do you do? Knowing your legal rights will help put you at east and protect your relationship with your children.

  • To take your children out of the country, the parent needs to get a passport. To get a passport for a minor child, the following is required:
  • Completed Application For A U.S. Passport, Form DS-11
  • Submit child’s evidence of U.S. Citizenship
  • Submit evidence of relationship between the child and parent/guardian
  • Submit Identification of both parents
  • Provide Parental Consent (granted within 3 months)
  • Payment of application fee
  • Passport photo of child

The requirement for parents with shared custody is providing parental consent. Both parents must give consent to obtain a passport for a minor child under the age of sixteen (16). There are three (3) ways that consent can be granted for a parent to obtain a passport for their minor child:

  • Both parents appear in person with the minor child and sign Form DS-11 in front of an Acceptance Agent
  • One parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit the second parent’s notarized Statement of Consent (Form DS-3053)
  • If one parent has sole legal custody, that parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit primary evidence of sole authority to apply for the minor child, using one of the following:
    • Minor’s certified Birth Certificate that lists only the applying parent
    • Consular Report of Birth Abroad or Certification of Birth Abroad listing only the applying parent.
    • Court Order granting sole custody to the applying parent (unless the child’s travel is restricted by that order).
    • Adoption Decree (if the applying parent is the sole adopting parent).
    • Court Order specifically permitting the applying parent’s travel with the child.
    • Judicial declaration of incompetence of the non-applying parent.
    • Death Certificate of the non-applying parent.

Either you or your ex-spouse can obtain a passport for your minor child either with the others consent or by court order.

You can find the forms and additional information about international travel with minor on the U.S. Department of State website.