Contact Us
Free Case Evaluation

Children’s Passport Issues After a New Haven Divorce 

While going through a divorce, there are many issues that have to be resolved, such as property division, spousal support, custody, visitation and child support. If you are planning on traveling and would like your child to accompany you, you may need to obtain a passport for them. In some cases, your plans may get hindered by lack of assistance in getting a passport.

You should speak with a skilled child custody lawyer to find out what you can do to resolve your problem. An experienced attorney can help you work through children’s passport issues after a New Haven divorce.

Requirements to Order a Passport for a Minor

For a minor to receive a passport, both parents may need to consent to it. Typically, both parents will go together in person to file for a passport. However, in some situations, this is not always possible and there are other methods to get a passport.

If one parent and the other parent agree to a passport but simply cannot appear together for scheduling reasons, they can still get a passport for their child. They will need to bring a notarized Statement of Consent along with a front and back photocopied photo ID used at the notary.

If a person has sole legal custody then they should present evidence that shows this. They can use the divorce or custody decree that shows this, a birth certificate or adoption where they are the only parent listed, the other parent’s death certificate or a judicial decision stating that the other parent is incompetent.

Securing a Passport Without Both Parents

One of the children’s passport issues after a New Haven divorce that comes up, is that sometimes one parent is not available to give consent. If one parent cannot locate the other parent, for example, if they were never involved or left the family all together, they can fill out a Statement of Exigent/Special Family Circumstances.

This form will be carefully scrutinized to make sure that a parent is not lying to trying to circumvent the other parent’s lack of consent.

Lastly, if neither parent can go to the office to get the passport for the child then the third party will obtain a notarized consent form with both parents’ signature and ID. If only one parent has sole legal custody then only that parent’s information is required along with paperwork proving that they have sole legal custody.

Children’s Passport Issuance Alert Program

A parent may also be in a situation where they do not want their child to get a passport because they are afraid of their child not returning to the country. In this situation, as long as the other parent does not have sole legal custody, they can refuse to consent to their child obtaining a passport.

However, if someone is worried that the other parent will still try to apply for a passport for their child without their permission then they can enroll in the Children’s Passport Issuance Alert Program (CPIAP). This program will alert any parent when anyone attempts to obtain a passport for their child.

Enrolling in CPIAP

To enroll in the program, a parent first should fill out a CPIAP request form. Along with the form, they have to prove their identity using their own passport, their driver’s license, or any other photo ID with their signature.

After this, they will provide proof of their relationship with the child. The documents they can use are the child’s birth certificate, any current adoption or custody order, an affidavit of paternity or any evidence that they have the right to act for the parent. CPIAP can mitigate some of the children’s passport issues after a New Haven divorce that may pop up.

How a New Haven Family Law Attorney Can Help

Traveling is supposed to be an enjoyable and stress-free experience. However, children’s passport issues after a New Haven divorce can complicate plans for a fun vacation. If you and your former spouse are having difficulty agreeing on whether your child needs a passport or not, it is important to consult a knowledgeable child custody attorney. Speaking with a skilled divorce attorney can help you understand what options you have to either get a passport for your child or prevent your child from getting one.