Getting a passport for your child can be challenging if the co-parent does not agree or is unavailable to provide consent. New Jersey parents must follow federal passport rules, which depend on the child’s age and custody arrangements. Knowing your options can help you avoid delays and protect your parental rights.
When do both parents need to approve a passport?
If your child is under 16, federal law generally requires each parent or legal guardian to approve the passport application. The parents can visit the passport application center together or the parent who cannot attend can submit notarized consent using Form DS-3053.
However, you may apply on your own if a judge grants you sole legal custody or specifically authorizes you to obtain your child’s passport.
For ages 16 and 17, the State Department generally requires proof that one parent knows about the application, not both parents’ consent.
What can you do if the other parent disagrees?
If the co-parent will not cooperate or you cannot obtain their consent, you may have options under federal passport rules. Depending on your circumstances, you can:
- Request a judge’s order: Ask a New Jersey judge to authorize you to request your child’s passport on your own.
- Submit Form DS-5525: If you cannot locate the co-parent or face exceptional family situations that prevent you from obtaining consent, explain your situation using this form.
- Provide supporting documents: Submit relevant court orders or other records that explain why you cannot obtain the co-parent’s consent.
Remember that Form DS-5525 does not guarantee passport approval. The State Department reviews your explanation and may request additional evidence.
Can you monitor your child’s passport applications?
If you worry that the co-parent may apply for another passport without informing you, you can enroll your child in the Children’s Passport Issuance Alert Program.
The U.S. Department of State will notify you if someone submits a United States passport application for your child. This free program can help you stay informed, but it cannot guarantee the government will stop the passport from being issued.
Protect your parental rights
If the co-parent disagrees to cooperate with your child’s passport application, review your custody order and learn which options apply to your situation. A New Jersey child custody lawyer can explain your rights, help you request court approval and guide you through the passport process.
