Post-Decree Co-Parenting
Children's Passport Guide
How to get or renew a passport for your child when the other parent must consent — and what to do when they won't.
Why This Is Complicated After Divorce
U.S. passports for minors under 16 require consent from both parents or legal guardians. This is federal law — 22 CFR 51.28 — and it applies regardless of your custody arrangement unless a court has specifically granted one parent sole passport authority.
This means your divorce decree alone may not be enough. If the decree is silent on passports and you have joint legal custody, you still need the other parent's consent or a court order.
Normal Process (Both Parents Agree)
☐Both parents appear in person
Visit a passport acceptance facility — post office, courthouse, or library — with your child. Both parents must be physically present, or one can submit a notarized DS-3053.
☐OR: Form DS-3053 (Statement of Consent)
If the other parent cannot appear in person, they must sign DS-3053 before a notary. The applying parent submits this form with the application. The absent parent must still consent.
☐Child must appear in person
Children under 16 must be physically present at the acceptance facility. No exceptions for proxy or mail-in applications for first-time passports.
☐What to bring
Child's birth certificate (certified copy), your divorce decree if it addresses custody, photo ID for both parents, passport photo for child, completed DS-11 application form.
☐Submit application and pay fees
Passport book: $165. Passport card: $65. Acceptance fee: $35. Expedite: +$60. Photos: ~$15. Processing takes 6–8 weeks standard; 2–3 weeks expedited.
If the Other Parent Won't Consent
You cannot get a passport for your child without the other parent's consent unless a court orders otherwise. Do not attempt to obtain a passport by misrepresenting custody status — this is a federal offense.
☐Request sole passport authority in your decree
If you are still in the divorce process, ask the court to include language granting you sole authority to apply for the child's passport without the other parent's consent.
☐If decree grants sole legal custody
Bring a certified copy of your divorce decree showing sole legal custody. The passport agency may accept this as sufficient consent authority under 22 CFR 51.28(a)(3).
☐If decree is silent: file a motion
File a motion in your original divorce court asking the judge to authorize you to obtain the child's passport without the other parent's consent. Courts regularly grant this when there is a legitimate travel need.
Emergency Situations
☐Emergency court order
If travel is imminent and consent is being unreasonably withheld, courts can issue emergency orders on short notice. Bring documentation of travel plans and any prior communications about the passport.
☐International abduction risk: alert the State Department
If you are concerned the other parent may flee the country with your child, contact the State Department's Office of Children's Issues at 1-888-407-4747. They can flag the child's record.
☐Children's Passport Issuance Alert Program (CPIAP)
Either parent can enroll a child in CPIAP. If the other parent attempts to obtain a passport, you will be notified before it is issued. Enrollment is free — submit Form DS-3077 to the State Department.
International Travel with Minor Children
☐Check destination country requirements
Many countries — including Canada, Mexico, and most of Europe — require a notarized letter of consent from the non-traveling parent when a child travels with only one parent. Requirements vary by country.
☐Address international travel in your parenting plan
Your parenting plan should specify whether international travel requires advance notice, consent, or is restricted. Courts can build in automatic consent provisions for certain countries or trip types.
☐Notify the other parent before international travel
Many decrees require advance written notice (often 30 days) before taking a child internationally. Even if not required, notification is good practice and avoids disputes or emergency orders.
Current Fees
Passport book (under 16)$165
Passport card (under 16)$65
Acceptance fee (at facility)$35
Expedite fee (optional)+$60
Passport photos~$15
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