International Moves After Divorce: Understanding Your Child's Passport-Application Approval

If you're planning an overseas trip with your children after a divorce, you may find out that you can't get passports for them without a signature from your ex. Before you find yourself at the passport counter without the necessary paperwork, it's in your best interest to understand exactly what the requirements are for obtaining a minor's passport after a divorce. Before you call your divorce attorney about the trip, here are some of the things you should know about the application process.

Why Does the Custody Order Matter?

One of the things you should know early in the divorce process is that your custody order will play an important role in the process. In most cases, a passport application for a minor will require the signature of both parents. However, if you were awarded sole legal and physical custody of the children, that court order will allow you to obtain a passport application with just one signature. The same applies if one parent is deceased or has surrendered their parental rights. Documentation of either will be sufficient to permit a single signature in most cases.

What If the Other Parent Isn't Available?

If you have a custody order that awards joint custody, the passport office will expect that you and your ex both show up in person. If that's not possible, such as if your ex lives in another state, or there's no possible way for you to be in the same location at the same time, there is another option. You can have the other parent fill out, sign, and notarize a statement of consent that will allow you to submit the passport application without both parents being present.

What Is the Statement of Consent?

The statement of consent tells the passport office that your ex has approved your request to obtain passports for the children. You'll have to provide the signed form in addition to a photocopy of your ex's valid identification that he or she used to obtain the notarized seal on the form. In addition, he or she needs to determine whether the authorization is solely for a passport book, card, or both.

What If He or She Won't Sign?

If your ex refuses to sign the form, and you don't have sole custody to apply on your own, that doesn't mean that you are out of luck. In fact, depending on what the situation is and the reason for your relocation, you may actually be able to petition the court for approval. You can reach out to your divorce attorney or a child-custody lawyer to explain your situation and find out whether you have a case. In most situations, if you can show just cause for the relocation, such as a new job that will allow you to provide for the children better, the judge may grant you authorization. Once the court issues the order, you'll receive a printed copy to use for your authorization. That court order will allow you to apply for the passports legally.

Child-custody issues are complex, but when you add an international move into the mix, it makes things even more challenging. If you're facing a major move to another country, and you're not sure how to deal with the passport papers, you can always reach out to your attorney or find a child-custody attorney who can help you. With an understanding of the passport process and that legal support, you may be able to secure the approvals that you need to plan your relocation. Don't let the confusion cost you a great opportunity. Talk with an attorney, such as one from Law Offices of Lynda Latta, LLC, for more information.