Getting the passport and getting permission for the trip are separate questions. A child can have a valid passport and still be restricted from traveling by a custody order. A parent can also have permission to travel but still need the other parent’s consent for the passport application.
Read the current court order before applying or booking. It may control who can apply, who keeps the passport, how much notice is required, and whether either parent may take the child abroad. Ask a family-law attorney to interpret language that is unclear or disputed.
This page covers federal passport and travel-document rules. Custody, visitation, relocation, and enforcement questions are governed by the court order and applicable state law.
Start with the passport application and the trip itself
| Situation | Federal passport rule | Custody and travel issue to check |
|---|---|---|
| Child under age 16 applying for a passport | Both parents or guardians generally must appear or give consent unless an accepted exception applies. | Confirm whether the order gives one parent sole legal authority or specifically permits that parent to apply. |
| Applicant age 16 or 17 | The applicant generally must show that one parent or guardian is aware of the application. | A custody order may still restrict who can apply, possess the passport, or approve travel. |
| One parent traveling internationally with the child | The United States does not generally require proof that both parents approved the trip. | The custody order, airline, transit country, or destination may require written or notarized consent. |
| The child already has a valid passport | Withdrawing consent later does not automatically cancel the passport. | A state court may order surrender, neutral storage, or limits on international travel. |
| Concern about unauthorized travel | CPIAP can alert an enrolled parent when a U.S. passport application is made for the child. | CPIAP does not stop travel on an existing valid passport or prevent issuance of a foreign passport. |
Applying for a child under 16
A child under 16 must appear in person with Form DS-11. Both parents or guardians generally must approve the application unless the applying parent can document an accepted exception.
| Parent situation | Documents commonly used | Important limit |
|---|---|---|
| Both parents can attend | Both appear with the child, present identification, and sign as instructed by the acceptance agent. | Bring the required photocopies and all child-passport documents. |
| One parent cannot attend but agrees | The absent parent completes notarized Form DS-3053 and provides a photocopy of the identification shown to the notary. | The notarized consent must be submitted within 90 days after it is signed or notarized. |
| One parent has authority to apply alone | A certified court order granting sole legal custody or specifically authorizing that parent to apply may establish that the other parent’s consent is not required. | An order granting parenting time or sole physical custody may not answer the passport-consent question. The language of the order matters. |
| The other parent cannot be located | The applying parent may submit Form DS-5525 with a detailed explanation and supporting evidence. | DS-5525 is reviewed case by case. It is not a routine substitute for consent during a parental dispute. |
| The other parent refuses consent | A court order specifically authorizing the passport application may be required. | The passport agency does not decide which parent is being reasonable or resolve a custody disagreement. |
Our child passport application guide covers the DS-11, citizenship evidence, identification, photo, fees, and appointment requirements.
Passport applications at ages 16 and 17
The federal consent rule changes at age 16. An applicant who is 16 or 17 generally must show that one parent or legal guardian knows about the application. A parent may appear with the applicant, sign a note, pay the fee, or be listed as the emergency contact.
A passport issued at age 16 or older is generally valid for 10 years. Custody-order restrictions may still apply. Check any provision that addresses passport applications, possession of the document, or international travel.
See our guide to passport requirements for 16- and 17-year-olds.
A passport and permission to travel are different
A valid passport proves the child’s identity and citizenship. It does not override a custody order or show that the other parent approved a specific trip.
The United States generally does not require a child leaving the country to carry proof that both parents consented. A destination, transit country, or airline may require it.
Before departure, check the destination’s rules for a minor traveling with one parent. The embassy or consulate can confirm which documents are required. You may need:
- The child’s valid passport.
- A copy of the child’s birth certificate or other proof of your legal relationship.
- A signed and notarized minor travel consent letter when required or advisable.
- A certified custody order, death certificate, or other document showing why the second parent’s consent is not required.
- The itinerary, lodging details, emergency contacts, and return-travel confirmation.
A consent-letter template does not establish your legal right to take the child abroad. The custody order governs the parents’ authority, and the destination sets its own entry and exit requirements.
Who keeps the child’s passport?
Federal passport rules do not give the document to whichever parent has more parenting time. The custody order or parenting agreement should say where it is kept and when each parent may use it.
The order can specify:
- Where the passport is stored between trips.
- How many days before travel it must be transferred.
- Which documents must be exchanged with it.
- When it must be returned after the child comes home.
- What happens if a parent withholds, loses, damages, or refuses to return it.
When there is a credible abduction risk, a state court may order a parent to surrender the passport and direct the court or another neutral party to hold it.
Terms worth putting in the custody order
There is no universal 30-day or 60-day notice rule. Use a deadline that gives both parents enough time to review the itinerary, check the destination’s rules, and raise a specific objection before tickets are purchased.
Notice and itinerary
Set the notice deadline and list the information that must be shared, such as destinations, flights, lodging, contact details, and the planned return date.
Consent documents
State when a consent letter is required, who prepares it, whether notarization is necessary, and how long the other parent has to sign or object.
Passport possession
Name the person who keeps the passport between trips. Include handoff and return deadlines, along with a process for urgent access.
Destinations and length of travel
Address restricted countries, travel-advisory concerns, school attendance, maximum trip length, and the date the child must return.
Delays and emergencies
Cover medical decisions, canceled flights, itinerary changes, missed connections, and requests to extend the trip.
Relocation disputes
Distinguish a temporary trip from an international move. State whether mediation, attorney review, or a court filing is required when the parents disagree.
A family-law attorney can turn these points into enforceable language that fits the existing order and your state’s law.
When you are concerned about unauthorized travel
The Children’s Passport Issuance Alert Program is available for U.S. citizen children under 18. A parent or legal guardian may submit Form DS-3077 and ask to be notified when someone applies for a U.S. passport for the child.
CPIAP does not:
- It does not automatically cancel a passport the child already has.
- It does not physically stop the child from traveling with a valid passport.
- It cannot block a foreign country from issuing its own passport.
- It does not replace a court order that restricts travel or requires surrender of passports.
If the child may be a citizen of another country, contact that country’s embassy or consulate about foreign-passport eligibility and whether it offers a passport alert or restriction process.
When you believe an abduction is imminent
Contact the State Department’s Office of Children’s Issues Prevention Team at 1-888-407-4747 from the United States or Canada, or +1-202-501-4444 from abroad. Also contact local law enforcement and the airport or airline involved.
The United States does not routinely conduct exit controls that stop every child leaving the country. Keep current court orders, travel information, and identifying information ready when reporting the risk.
Urgent travel after the consent issue is resolved
Routine child-passport processing is 4 to 6 weeks. Expedited processing is 2 to 3 weeks, plus mailing time.
Do not mail a routine application. Attend a regional passport agency appointment, or use a registered passport courier service to provide application support and handle permitted agency-submission logistics.
A courier cannot replace parental consent, change a custody order, or eliminate the child’s required appearance. Resolve those issues before paying for urgent service.
Questions divorced parents ask about child passports
Yes, in some cases. For a child under 16, the applying parent must show either the other parent’s consent or documents proving that consent is not required. A certified order granting sole legal custody or specifically authorizing the application may be enough.
Not by itself. The State Department looks for sole legal authority or specific permission to apply without the other parent. Review the exact wording of the certified order.
Form DS-5525 is for exigent or special family circumstances, including some cases in which the other parent cannot be found. The State Department reviews it individually. It is not a routine substitute for consent during an active dispute.
The United States does not generally require proof of both parents’ permission for a child to depart. The custody order, airline, destination, or transit country may require consent or other documentation.
Federal passport rules do not designate one divorced parent as the holder. The custody order or parenting agreement should address storage, access, transfer before travel, and return after travel.
No. CPIAP alerts an enrolled parent about a U.S. passport application for the child. It does not cancel an existing passport or prevent travel on that passport by itself.
A state court may restrict international travel, require advance consent, order surrender of passports, or direct a court or neutral third party to hold them. Ask a family-law attorney about the relief available in your jurisdiction.
The child may qualify for a foreign passport under the other country’s law. CPIAP does not prevent foreign-passport issuance, so contact the relevant embassy or consulate about its rules and available safeguards.
No. A courier can review documents and help with permitted urgent-submission logistics, but it cannot replace consent, interpret a custody order, or obtain court authorization.
Last reviewed: August 2026
Our role: We explain federal passport and travel-document requirements for children. Courts interpret and enforce custody orders. Airlines and foreign governments set their own travel-document rules. The State Department decides whether to approve and issue a U.S. passport.
