How to Get a Child Passport with One Parent Absent

According to the US Travel Department’s regulations, to obtain a passport, children under the age of 16 must finish the passport application process accompanied by both parents in person, and the parents should both sign the child’s passport application to provide consent. However, when one parent is absent but his or her consent and appearance are required, how to get a child’s passport? If you are troubled by such a problem, keep reading and you will get the answer.

How to Get a Child Passport with One Parent Absent

It should be noted that there are actually many different specific circumstances in terms of one parent’s absence in his or her child’s passport application. To help you have a more exact and reliable solution, here we will present in accordance with various cases.

When One Parent Refuses to Sign the Passport Application

If the other parent refuses to sign the passport application for your child, there is no application form that exactly applies to you. To obtain a passport for your child, you can choose to get a court order that grants you sole legal custody.

What is Sole Legal Custody

Sole legal custody refers to when one parent has full responsibility to make major decisions for the child. The other parent does not have a say but usually has visitation rights and the responsibility of paying child support. Suppose you have a court order granting sole legal custody. In that case, you do not need the other parent to give consent and make his or her appearance, because you are the only person required to consent to your child’s passport application and appear personally in the process. 

Things You Should Know about Applying for Sole Legal Custody

The procedure to apply for sole legal custody may vary county from to county, so it is recommended to consult professional local lawyers to get more precise details. But before that, here are something you should know first:

1. Most people tend to hire a lawyer to accomplish the process but it will cost a lot. Thus you should consider whether you can afford it or not.
2. It takes a long time to complete the process to get the court order. Generally, you may have to spend at least six months in it.
3. If you got married to your ex or your ex is incarcerated or deployed, you must inform your lawyer completely and accurately because it may greatly affect the process.

When One Parent Gives Consent but is Unable to Appear

If the other parent is willing to give consent but is just unable to attend to the application process for your kid, things will become much simpler than in the above case. 

• Steps

1. The absent parent must fill out Form DS-3053, a statement of consent, and sign it in front of a certified notary public with his or her certificate such as a driver’s license. 
2. Then he or she will send the form to you along with along with a front and back single-sided copy of his or her certificate. 
3. Finally, you should submit all of these documents together with your child’s passport application within three months of the date the form was notarized.

• Tips

To get a child passport successfully, you should notice the following tips:

1. Form DS-3053 must be printed and then filled out in black ink.
2. The form must be filled out completely with legible writing. Otherwise, it is likely to result in delays in application processing.
3. In some countries, this form must be notarized at the US embassy or consulate and can not be notarized by a normal certified notary public. At present such countries include:

When One Parent is Unable to be Contacted

If you fail to get in contact with the other parent, you can try to submit Form DS-5525, namely a Statement of Exigent/Special Family Circumstances. There are several points that you should pay attention to before making a decision:

• You must explain in detail why are you unable to establish contact with the other parent as much as possible. Therefore, before the form is filled out, it is recommended that you keep a detailed record of the time and method of each contact as well as the results obtained, and try your best to retain evidence.
• You must provide supporting documentation to prove that there are indeed some urgent or special circumstances so that you can not obtain written consent from the other parent.
• Your application will probably be regarded as urgent if there exists a time-sensitive emergency in which your kid’s inability to obtain a passport would endanger his or her health, safety, or welfare or lead to separation between the kid and the adult traveling with him or her.
• Your application may be considered special family circumstances if it is extremely difficult or impossible to obtain written consent from the other parent due to the family.
• Notice that this form does not guarantee the issuance of your child’s passport. If you would like a way by which you can be certain to get a child passport when you can not keep in touch with the other parent, obtaining a court order for a child passport is a more suitable option for you as long as your timeframe is allowed and you can afford it.

Frequently Asked Questions

• Can I finish my child’s application by mail or online?

No, you can’t. The passport for children under the age of 16 must be applied in person, neither by mail nor online. Only people above 16 are eligible to mail in passport applications.

• What if my child and I have different last names?

It is acceptable that you and your child have different last names, as long as your full name is listed clearly on the parental relationship document. If your name has changed from that on the document, please provide proof of your legal name change, such as a marriage certificate or a court order.