Traveling outside of the United States can be one of the most momentous and certainly memorable times of one’s life. When you get to do it as a child, it can be even more transformational than it is for adults. But travel requires passports, and passports can be a sticky issue for divorced parents if they’re not on the same page about it.
According to the U.S. Department of State, which issues passports for Americans, the requirement (save for a few exceptions we’ll get into) is for both parents to be present at the time the child is getting the passport.
NerdWallet adds, regarding the pricing, that the “passport book application fee for children under 16 is discounted to $100 — this is because children’s passports are only valid for five years. Children 16 and older must pay the standard passport book fee of $130.” Adding a passport card costs $15 for a child 15 and under and $30 for 16 and over. It also points out, “In addition to the application fee, there is a $35 acceptance fee. This money goes to the facility where you submit your application for a child’s passport.”
If one parent can’t be present for the application, that parent is to fill out a DS-3053 form, which indicates the absent parent’s consent for that child to be issued a passport. That parent must sign the form in front of a notary and submit it with a clear photocopy of the front and back of the identification method shown to the notary.
If a single parent is applying for a passport for a child, according to the U.S. Embassy in Sweden, that can only happen if that parent has:
- a birth certificate listing that parent as the sole parent,
- a death certificate of the other parent, or
- a court order that lists the parent as having sole physical and legal custody of the child.
But, if both parents are alive, involved, and have a say in their shared child’s welfare, then they must come to agreement over what’s to be done regarding a child’s passport. If one parent wants a child to get a passport and the other doesn’t, they’re legally at an impasse and the child can’t get one until the matter is resolved either by agreement or through the court system. But, for a child who wants to travel with a parent, that doesn’t always seem fair.
For parents who believe they’ll travel with their kids after divorce, it is worthwhile to include language about passports in the decree. This can include how to handle the needed five-year renewals and where the passport is to be stored in case each parent plans on traveling with kids.
If this isn’t worked out in the decree and parents are disagreeing about how to handle the passports for their children, it’s possible to seek a modification through the courts or handle the matter with mediation. This matter can become more challenging to negotiate as time passes. No matter the means of resolution you attempt, you may want to make a determination about a bargaining chip you can trade.
It’s also helpful to have a dialogue with your co-parent about whatever concerns might keep the two of you from being on the same page. If you don’t feel you can make headway by yourself, good mediators are skilled at bringing sides together by understanding what each side wants and bringing each party to a resolution by the end of the session.
At the Law Office of Lisa A. Vance, we’re experienced in these matters and we know what a big deal it can be for couples who are either going through divorce or seeking some means of post-divorce resolution. We can talk through the options with you and bring our experience to bear. While this kind of conflict might be new to you, it’s not new to us, and resolving these types of conflicts is why we’re committed to practicing family law.