Yes, you can get a passport for your child after a divorce or separation, but the rules depend on custody and timing. For children under 16, both parents or legal guardians generally must appear together, consent in writing through Form DS-3053, or provide certified proof of sole legal custody. If a parent cannot be located, Form DS-5525 covers that situation, and if travel is close, an expedited courier or regional agency appointment may be your fastest path.

TL;DR:

  • Both parents or legal guardians usually must appear or submit a notarized consent form, which is valid for only 90 days after notarization to avoid delays.
  • Certified sole custody, death certificate, or court orders granting sole legal custody eliminate the need for the other parent’s consent, but ambiguity in custody orders can stall the process.
  • When a parent refuses or cannot be found, Form DS-5525 documents efforts and circumstances, but a court order may speed up approval if the situation is contentious.
  • Expedited mail services or regional passport agencies are recommended for travel within two days to four weeks, with courier services often best if far from an agency or in a rush.
  • Gathering accurate, up-to-date custody documents and scheduling notarization within a few weeks of travel minimizes rejection risks and ensures smoother application processing.
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Table of Contents

What to gather before your passport appointment

Before you book an appointment, pull together the paperwork the acceptance facility will expect to see. You don’t sign Form DS-11 until you’re actually at the counter, since an agent has to witness your signature, but you can fill in everything else ahead of time.

  • Your child’s certified birth certificate or adoption decree
  • A valid government photo ID for each parent attending, plus one photocopy of each
  • A passport photo for your child that meets the 2×2 inch size and plain background requirements
  • Payment for both the application fee and the acceptance facility fee, which are billed separately

A minor passport book costs $100 plus a $35 acceptance facility fee, and expedited service adds an additional fee. A passport card alone costs $15. Keep in mind the State Department fee and the facility’s processing fee are two separate payments, often two separate checks or money orders depending on the facility.

For a child under 16, both parents or guardians typically need to appear in person at the acceptance facility. When one parent can’t make it, the absent parent completes Form DS-3053, a notarized statement of consent, according to State Department guidance. This isn’t a form you can casually sign at home. It has to be executed in front of a notary, and the notary needs to see a valid photo ID from the consenting parent, a photocopy of which gets attached to the form.

The timing matters just as much as the signature. DS-3053 is only valid for a limited time after notarization, so getting it too early can cause issues related to expiration., so if you get it notarized too early, it may expire before your appointment. We’ve found that families run into trouble most often for a few avoidable reasons:

  • The name on the DS-3053 doesn’t exactly match the name on the parent’s ID
  • The notarization date has slipped past the 90-day window by the time the appointment happens
  • The photocopy of the consenting parent’s ID is missing or illegible
  • The form is submitted as a copy instead of the required original

Pro Tip: Schedule your notary appointment no more than a few weeks before your passport appointment, not months ahead, so the 90-day clock doesn’t run out on you. For a closer look at filling out the form correctly, our guide to the DS-3053 form walks through each field.

Some parents don’t need the other parent’s signature at all. The State Department accepts several categories of documentation as proof that only one parent’s consent is required, according to its child passport guidance:

  • A certified court order granting you sole legal custody, with no travel restriction language
  • A certified birth certificate or adoption decree listing only one parent
  • A certified death certificate for the other parent
  • A judicial declaration that the other parent is incompetent

The phrase “no travel restriction language” is doing a lot of work here. A custody order that grants you sole legal custody but also says something like “neither parent shall remove the child from the state without written consent” can still block passport issuance, even though you technically have sole legal custody on paper. Passport officers read these orders closely, and ambiguous wording is one of the more common reasons applications stall at the counter.

If your order is anything less than crystal clear on travel, it’s worth talking to your attorney or going back to family court for a supplemental order that explicitly authorizes passport application or international travel. That one sentence can save you weeks of delay later. When you do have clean documentation, bring certified copies (not photocopies you made yourself) to the appointment, since the facility typically needs to retain one.

If your ex won’t cooperate or can’t be found

When the other parent refuses to sign, refuses to engage, or simply can’t be located, Form DS-5525, the Statement of Special Family Circumstances, is the mechanism built for that exact situation. It lets you explain to a passport officer why you can’t provide the other parent’s consent or a sole-custody order.

  1. Document every attempt you’ve made to reach the other parent, including dates, methods, and outcomes.
  2. Gather supporting records such as incarceration documentation, a restraining order, or military deployment paperwork if any apply to your case.
  3. Complete DS-5525 with specific, factual detail rather than general statements about the relationship.
  4. Submit the form along with your DS-11 application and all supporting evidence at the acceptance facility.

Passport officers have discretion here, and they may request more evidence before approving the application, since the State Department’s parental consent rules exist largely to prevent international parental abduction. If your situation is contentious or the other parent is actively hostile, it’s worth asking a family law attorney about a court order that specifically authorizes you to apply for or obtain your child’s passport. That kind of order tends to resolve the issue faster than DS-5525 alone when a facility is hesitant.

What happens at the counter: who comes and what to bring

Ideally, both parents and the child attend together. If you’re applying with consent documentation instead, bring the child, your own valid photo ID, the original notarized DS-3053, and the photocopy of the consenting parent’s ID attached to it.

  • Bring originals of every document, plus one photocopy (front and back) of each ID
  • Acceptable parent IDs typically include a driver’s license, state ID, military ID, or valid passport
  • Don’t sign DS-11 beforehand. You sign it in front of the acceptance agent, who witnesses it

Pro Tip: If an officer flags something, like a custody order with vague travel language, ask directly what additional document would resolve it rather than leaving and starting over. Officers commonly hold applications for exactly this reason, and often a single supplemental letter or clarified order fixes it on the spot. Our notarized consent guide covers more of these counter-level snags.

Choosing routine, expedited, agency, or courier based on your timeline

Choosing routine, expedited, agency, or courier based on your timeline — overview diagram

Posted government timelines don’t include mailing, which is where a lot of families lose track of their schedule. Routine processing typically takes several weeks, and expedited processing is faster but still requires planning., according to the State Department’s processing time page, and that’s before your documents travel to and from the processing center.

Here’s how we’d map that to real decisions:

  • Travel 4+ weeks out: routine service through your local post office acceptance facility usually works fine
  • Travel 2 days to 4 weeks out: expedited service or a registered courier gives you the best shot at making your departure date
  • Travel within 3 business days, or a documented emergency: an in-person regional passport agency appointment is the right move, since only an agency can turn same-day cases around

If you live in a city like Tampa, Charlotte, Sacramento, Nashville, or Louisville, a regional agency might be two or more hours away, and agency appointments require advance booking that may not even be available in time. That’s the exact scenario a courier service solves: someone hand-carries your application to the agency on your behalf, cutting out travel time and appointment scarcity entirely.

How we help divorced and separated parents get a child’s passport

We built our child passport service around exactly the situations this article covers: custody paperwork that needs a second look, a DS-3053 that has to be right the first time, and a deadline that doesn’t leave room for mistakes. Our agents review your documents before submission, flag anything that could trigger a rejection, and hand-deliver your application to the passport agency as a registered U.S. State Department courier with 20+ years of experience.

We work best for parents with travel 2 to 28 days out, especially if you’re nowhere near a regional agency or you simply don’t want to risk a counter denial over a technicality. We have handled many cases and know where custody-related applications typically go wrong.

Author perspective: what to do first if you’re in this situation

If you’re a divorced parent staring down a travel date, start with your paperwork, not your worry. Pull your custody order and check its exact language, or book a notary for DS-3053 this week so it’s still valid at your appointment. If travel is under four weeks away, talk to an expediter now. If it’s under three days away or an emergency, call a regional agency directly. If your ex is refusing to cooperate, start a written log of your contact attempts today and call a family law attorney about a court order that authorizes you to apply.

— Andy Irons

Start your child’s passport application with Fast Passport Center

Fast Passport Center

Once your custody documents or DS-3053 are in order, the next bottleneck is usually time, not paperwork. We handle the parts that typically slow families down: checking your forms for the kind of errors that trigger counter rejections, and hand-delivering your application to the passport agency instead of leaving it to standard mail.

Timeline until travel Recommended path
4+ weeks Routine processing through USPS acceptance facility
2 days to 4 weeks Expedited courier service
Within 3 business days or emergency In-person regional passport agency

We’re built for that middle column, especially for parents who live far from a regional agency. Visit our child passport page to start your application and get a timeline based on your travel date.

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

Start your child's passport application with Fast Passport Center — overview diagram

FAQ

Can I get a child’s passport if my parents are divorced?

Yes. Divorce alone doesn’t prevent a child from getting a passport, but both parents or legal guardians generally need to consent, either by appearing together or through a notarized Form DS-3053 from the absent parent.

Can one parent get a passport for a child?

A single parent can apply alone if they have certified proof of sole legal custody, a birth certificate listing only that parent, or a notarized DS-3053 from the other parent, according to State Department rules. Without one of these, both parents usually need to be involved.

How do I get my child’s passport if my ex says no?

If the other parent refuses or can’t be reached, you can file Form DS-5525, the Statement of Special Family Circumstances, along with evidence of your attempts to contact them. A passport officer may still request additional documentation, and a family law attorney can help you pursue a court order authorizing the application if needed.

Can you be denied a passport for child support?

Passport issuance to a child isn’t determined by either parent’s child support status; it depends on custody documentation and parental consent under State Department guidance. Adults with significant child support arrears can face restrictions on their own passports, but that’s a separate issue from a minor’s application.

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