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Can I obtain passports for my 15 and 17-year-old children without their father's consent?

Question: We have 50/50 parenting time. He has medical, dental and vision decision making. I have all other decision making. My 3 children's passports expire in August. In order to obtain them, I had to hire an attorney and go through a very expensive legal battle ($60,000) in order to get their father's signed consent form. Even after he was ordered to sign, I had additional expense and had to battle him for another 6 months to actually obtain his signature. The process took over 2 years.

Now that it is time to renew, I'm trying to figure out if there is any way to avoid that time and expense again. Two of the children are 15 and one is 17. Our court order states, "Petitioner (me) is hereby designated custodian of the children solely for the purposes of all federal and state statutes which require a designation or determination of custody."

Is there any chance this will suffice so I don't have to get his consent? If so, will I need to provide a complete copy of the entire court order, or just this part? Will the copy have to be certified by the court? Are the rules different for my 17-year-old than they are for my 15-year-old children? If I obtain the passports, will the children still need his consent to travel out of the country?

Answer: The 17-year-old is fine. No consent is needed. For the 15-year-old children, you need to submit the father's consent unless you have sole legal custody with a full court order signed by the judge with a raised seal. This must be the original document or a certified, embossed copy. Note, at age 16, only one parent is required to appear with the minor.

Comments for Can I obtain passports for my 15 and 17-year-old children without their father's consent?

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Need help with passport
by: Anonymous

Question: I have two kids that don't have passports (9 and 15). Their father hasn't been in their lives in years. I also want full custody of my kids. What do I need to get their passport and also what do I need for the custody.

Answer: The father's presence or consent is required to apply for your children's passports.

You need to have sole legal custody so you can apply on your own. Please speak to a lawyer regarding this.

by: Anonymous

Question: Unfortunately I do not have the original consent letter for my son's passport. He emailed the scanned consent and I printed it out. When I went to get his passport I was told only the original consent letter guarantees his permanent passport and that I will be issued a 1-year temporary passport. He went ahead I should be issued his permanent passport at my home country which is Nigeria. How true is it that we can get his permanent passport in Nigeria?

Answer: Please contact the Embassy of Nigeria for information regarding Nigerian passports.

I have physical custody and joint legal
by: Anonymous

Question: I have physical custody and joint legal custody of my 10 and 16 year old and we reside in their birth state. The noncustodial parent wants to get a passport for the 10 year old and he lives in another state. I asked previously and was told the minor's passport should be filed in the primary residence and the noncustodial parent needs to complete the form to authorize and have it notarized and sent back to me. Is this correct?

Answer: A passport application can be submitted at any application acceptance facility throughout the United States and abroad. Minors age 15 or younger must appear with both parents. If only one parent accompanies a minor, the applying parent must submit either evidence of sole legal custody ro notarized consent from the non-applying parent. The notarized consent must be accompanied by a copy of the identification document used during the notarization process. for a complete list of requirements, click here.

passport for five and six year old state of MI
by: Anonymous

Question: Mother wants passport for young daughters. Can she get the passports without his consent? We have shared custody and a hearing with friend of court.

Answer: Unless the mother has full legal custody, the father's consent is required. Note, a judge can order the father to sign the consent form if the mother requests it and the judge believes it is in the best interest of the child and there is no risk of abduction.

The father can enroll the children in the Children's Passport Issuance Alert Program. If someone attempts to submit passport applications for the minors, the father will receive notice.

passport when father is not citizen living abroad
by: Claudia

Question: My 15-year-old son needs a passport. His father is a non-US citizen living in Guatemala. We're divorced and share custody of our children. Where does he need to sign the consent form?

Answer: The father can complete Form DS-3053 at the U.S. Embassy in Guatemala City, have it notarized and mail it to you to submit with your son's passport application.

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