Passport Rules

Travel Plans: Divorced and Passport Rules for Kids

Passport Rules
Passport Rules

Summer travel plans are underway. “Yea!” But take note! For divorced parents there are different rules when it comes to obtaining a passport for your child (minor). We’re here to sort it all out.

Obtaining a first time passport for your minor is a very specific process.

Divorcedandkids interviewed Tony Carter, an expert and Operations Onsite Manager for CIBT visas and passports. Our staff also researched recent regulations from the Bureau of Consular Affairs U.S. Department of State (travel.state.gov.) Hopefully, the following Q & A with expert Tony Carter will clear up any confusion on the process. We also discuss how to safeguard your child from leaving the country against your will.

Question: Is the process for obtaining a first time passport for your minor the same as if you were a married or divorced parent?

AnswerIt’s basically the same process whether you are married or divorced.  When applying for a minor’s passport, both parents need to make the appearance at the post office when documents are being verified.

According to the Bureau of Consular Affairs requirements for: BOTH PARENTS with SHARED CUSTODY

Minors under age 16 must apply in person with parents.

* All minors regardless of age, including newborns and infants, must have their own passport when traveling internationally by air.

* Both parents must sign the form DS-11 in front of an acceptance agent at the post office.

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Question: What if one parent is unable to make the appearance at the post office?

Answer: Then additional documentation needs to be submitted to the State Department that shows the relation or who has custody of the children. The form DS-3053 allows one parent to give the second parent authorization for the passport to be issued.

According to the Bureau of Consular Affairs requirements for:  ONE PARENT AVAILABLE with SHARED CUSTODY:

One parent must appear in person with the minor.

Sign Form DS-11 in front of a Post Office Acceptance Agent

Submit the second parent’s notarized Statement of Consent (Form DS-3053)

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Question: DivorcedandKids: What if the parent has sole custody?

Answer: With sole custody, you must submit the ORIGINAL document which shows sole custody (i.e. Divorce Decree, Court Order). Once your passport is issued, then your original documents would be returned.

According to the Bureau of Consular Affairs requirements for: SOLE CUSTODY

* Parent must appear in person with the minor.

* Sign Form DS-11 in front of a postal office Acceptance Agent

* Submit primary evidence of sole authority to apply for the child with one of the following:

* Minor’s certified U.S. or foreign birth certificate listing only the applying parent

Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent

* Court order granting sole custody to the applying parent (unless child’s travel is restricted by that order)

* Adoption decree (if applying parent is sole adopting parent)

* Court order specifically permitting applying parent’s or guardian’s travel with the child

* Judicial declaration of incompetence of non-applying parent

* Death certificate of non-applying parent

NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian’s consent cannot be obtained.

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Question: What are some of the most frequent mistakes divorced parents make when applying for their minor’s first passport?

Answer:  The biggest mistake is not having the right documents. So make sure you double check that you have all the correct documentation in your hands when you go to the post office.

Other Common Mistakes of first time applicant(s):

* Sending documents to passport expediting service without having the official government stamp.

* Forgetting to sign the application.

* Forgetting to submit payment for the passport, or submit the wrong amount of payment for the passport.

* Other issues are usually with actual documentation (birth certification, court papers, etc. not being correct, originals or legible.)

* Passport photo is not taken correctly. Either sizing is off, or the background color is wrong.

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Question: To be safe, how much time should a person give themselves for obtaining a first time passport (if there are no obvious special circumstances or glitches?)

Answer: Time on processing varies. Generally, if you go through the post office and submit documentation through the passport acceptance officer then you can expect 4 – 8 weeks depending on the season.

Question: What if I go through an expedited passport-processing center?

Answer:  Each expediting passport facility is different.  We typically allow 2 weeks. During peak season it could take up to three weeks.  In addition, we are allowed 3 expedited passport processes per day and those are for travelers who have a departure within two weeks. Proof has to be shown that you are indeed traveling within two weeks. In this case an application can be submitted and typically can be processed within a day to 48 hours, but these are limited and each case is different. The individual needs to contact a passport-processing center for details.

Question: So what’s the major difference between using a passport-processing center or not?

Answer: In both situations, with a first time passport, you must still go through the postal process so the passport acceptance officer can verify the documents and give the envelope its official government seal.

The postal process will most likely cost less. It may take more time. And if there are any problems processing the passport, you will have to wait some time for the official word on why it’s been delayed.

With a passport-processing center, there will be additional costs for processing the passport in a more personalized and timely manner.  If there are problems processing the passport, the customer learns of this sooner. For example, we get an email from the State Department and we then contact you.  Also, with a passport-processing center there is a letter of authorization you must sign and submit which authorizes a third party service (such as ours) to process your passport.

If you need expedited service, if there are special circumstances or concerns with documentation, you may want to seek a reputable passport-processing center such as CIBT visas to help you.

QuestionWhat if you oppose your EX taking your child out of the country?

Answer: This is a very serious issue.  If your EX wants to take your kid(s) out of the country and you disagree, seek legal advice and register with the Children’s Passport Issuance Alert System(CPIAP) The Children’s Passport Issuance Alert Program provides:

Notification to parents of passport applications made on behalf of minor children, and denial of passport issuance if appropriate court orders are on file with CPIAP.    For more information, please contact the International Parental Child Abduction Contacts at 1-888-407-4747.

Also, be sure to check:  http://travel.state.gov  prior to any international travel arrangements.