Obtaining or Restricting a Child’s Passport During Divorce

 Posted on December 06, 2024 in Child Custody

Parents who are involved in a contentious allocation of parental responsibilities may worry that the other parent could take the child out of the country. This is particularly true when one parent has citizenship in another country, and the other fears an attempt at child abduction. If you are in this situation, it is crucial that you have a solid understanding of Illinois passport guidelines for children.

Since the U.S. passport system is federal and administered by the State Department, the allocation of parental responsibilities is determined under Illinois state statute. Thanks to the intersection of federal, state, and even international law, issues with child passports can get complicated.

Knowing that you have the law on your side can be a comfort. Speaking to a knowledgeable Arlington Heights, IL family law attorney from Law Offices of Donald J. Cosley can give you further information regarding a potential child abduction.

What Protections Are in Place to Prevent One Parent from Obtaining a Passport for a Child?

The passport guidelines are voluminous but offer protections when a child does not permanently live with both parents. Even if a child does live with both parents, the State Department requires that both parents consent to the issuance of a passport for any child under the age of 16. This applies to married couples, spouses who are separated and divorcing, and co-parents who have already divorced.

Both parents are required to participate in the passport process for a child under the age of 16, which affords extra security when one parent thinks the other could remove the child without his or her knowledge. Children who have legal guardians who are not their biological parents are under the same rules and laws.   

Are There Exceptions?

As with most things, there are exceptions when the need for travel is urgent and one parent cannot be located. Similarly, when one parent is likely to die in a foreign hospital and cannot risk being transported to the United States, the sole consent of the other parent could be sufficient to obtain a passport with court approval. If only one parent is applying for the child’s passport, that parent must provide one of the following plus a completed form DS-3053:

• A birth certificate that lists one parent as the sole parent.
• A death certificate for the child’s other parent.
• A court order showing one parent has sole physical and legal custody of the child.

The simplest way for parents to obtain a passport for their child is to be in agreement. A DS-11 form must be filled out, along with an original or certified document showing both parents' U.S. citizenship, photocopies of those documents, documentation that lists the parents or guardians, an original and photocopy of the photo IDs of both parents, and a photograph of the child. Both parents must appear with the child and the above documentation in person.

If one parent is unable to be physically present, he or she can consent by completing Form DS-3053. If there is no agreement between the parents or guardians, then no passport can be obtained for the child unless the conditions stated above are met. If the child’s other parent cannot be located, one parent would have to fill out and submit Form DS-5525 – Statement of Exigent/Special Family Circumstances that explains in detail why the other parent’s consent cannot be obtained.

If one parent is incarcerated, the situation becomes exponentially more difficult. It currently takes a month or longer to receive a passport; this lengthy wait time can also play a role in protecting a child from abduction by an angry parent in the middle of a dispute over the allocation of parental responsibilities.

Contact a Rolling Meadows, IL Child Custody Lawyer

If you are filled with anxiety over the possibility of your child’s other parent obtaining a passport for the child and removing him or her from the country, it is time to speak with an experienced Arlington Heights, IL allocation of parental responsibilities lawyer. Attorney Don Cosley personally handles every aspect of his cases, and when clients call, they speak with him directly. Contact Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation.