Child Passport Planning After Divorce

The short answer

What Illinois families should know.

A child’s passport application and permission to take a particular trip are separate issues. For a U.S. passport for a child under 16, State Department requirements generally call for both parents’ participation or qualifying documentation explaining why one parent may act alone. Review the parenting order before making travel plans.

Start with the child’s age and documents

The application process differs for children under 16 and applicants aged 16 or 17. Obtain the child’s citizenship evidence, proof of parental relationship, identification documents, and complete relevant court orders. A passport for a child under 16 requires a new in-person application rather than ordinary renewal. Confirm current forms, photo requirements, processing information, and appointment availability before booking nonrefundable travel.

Resolve consent through the proper process

When one parent cannot attend, the State Department provides a consent procedure using Form DS-3053 and supporting identification. Other circumstances may require evidence of sole authority or a qualifying court order. If the other parent cannot be located, a special-family-circumstances submission may be considered, but acceptance is not automatic. Do not sign for the other parent, omit a parent from the application, or assume a general residential designation establishes exclusive passport authority.

Write practical passport terms into the parenting plan

Consider who keeps the passport, how it is delivered for approved travel, when it must be returned, and how replacement or application costs are shared. The plan should also address notice, itinerary information, emergency contact details, and any required travel consent. A passport does not override an existing travel restriction. If the parties disagree, seek resolution early enough for the court and the passport agency to complete their separate processes.

Address a credible abduction concern promptly

The Children’s Passport Issuance Alert Program can notify an enrolled parent about a pending U.S. passport application or issuance. It is not a complete substitute for court protections and does not control foreign passport systems. State Department guidance explains that withdrawing consent after issuance does not simply cancel an existing passport. Discuss specific risks and available court measures with counsel, and preserve relevant travel communications and identity records.

Prepare

Useful next steps

Review the complete parenting order and the child’s current passport.
Use the State Department’s current age-specific checklist.
Resolve consent and possession arrangements well before travel.

Avoid

Common missteps

Treating passport possession as permission for every trip.
Assuming an alert enrollment automatically cancels or blocks all travel.

Related Illinois family-law guides.

Primary sources

Read the governing law and guidance.

This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.