Obtaining a passport for a child under the age of 16 can be tricky for single parents who share joint legal custody. These guidelines will help you understand the law and learn how to obtain a passport for your child, even when it is difficult or impossible to comply with the double parent signature rule.
As a single parent, you may have questions about obtaining a passport for your child. Particularly if you share legal custody but have no contact with your ex, you could face an uphill battle. Why? Because the requirements that you must meet to obtain a passport for your child are somewhat onerous and can even be quite difficult. In fact, it’s probably best to wait up front that the process will be difficult and require a lot of preparation. The more time you can give yourself before your next trip, the better!
Why is it difficult for single parents
While the process can be frustrating, try to remember that the government’s plan is not to penalize single-parent families who wish to travel abroad. Rather, the point is to protect children from the risk of parental abduction. And even though your children may not face such risks, the reality is that some children do. And that’s why the dual parent signature rule exists today, to prevent either parent from taking a child out of the country without the other parent’s knowledge and out of reach of local authorities.
If you have joint custody
Parents who have joint custody and who wish to apply for a new passport for a minor (or renew an existing passport) are expected to:
- Appear together, in person, with proof of your relationship to the parents (such as a birth certificate with the names of both parents), as well as government-approved proof of identification for both parents, or
- A parent may appear if he / she can prove that he / she has sole custody of the child, or
- One of the parents may appear with a notarized letter in writing, granting him his consent to request the child’s passport.
Children who are the subject of a custody dispute or joint custody agreement cannot obtain a United States passport without the consent of both parents. Parents who have joint custody should be sure to request a provision in the child custody order that specifies which parent has the right and authority to obtain a passport for the child.
Do both parents have to sign the passport application?
Often times, one parent may not be aware of another parent’s whereabouts, and this may even be the case for parents who technically share legal custody. Therefore, it is impossible for those parents to meet the legal requirements of the government to secure a passport for a child. Fortunately, however, there are some exceptions to the rule that requires both parents to sign a child’s passport application. The following special circumstances may be sufficient to allow an exception to the rule:
- The inability to locate the other parent
- Emergency situations that require a parent to leave the country for the child’s health or safety
Parents facing other special circumstances can write a letter for consideration, describing the special circumstance that prevents them from meeting the two-parent passport requirement.
One last thing: don’t forget to bring your child to the passport processing appointment. The child’s passport photo will be compared to the actual child to make sure you are applying for a passport for your child.
