Maryland Divorce Lawyer Blog
With the winter holidays rapidly approaching, it is important to be prepared for traveling with your children, especially if you plan to do so without your child(ren)’s other parent. If you are looking ahead to traveling internationally for spring break or this summer, it is crucial to get a head start on getting your child a passport. Please keep in mind the below can be impacted by the status of your legal custody arrangements with your co-parent. If you have joint legal custody, both parents must agree regardless of age unless the specific provisions with regard to joint legal custody are spelled out differently in your particular case.
Traveling with a child under 16 requires approval from both parents or guardians and both must be present with the child when applying (or provide documentation on why not ).
For a child who is 16 or 17 years old, however, you only need one parent or legal guardian to file the application. Please see legal custody determinations in your court order. Read more here.
Traveling with a child under 16 generally requires approval from both parents or legal guardians, and both must be present when applying for a passport unless an exception applies. One parent may apply alone by submitting the other parent’s notarized written consent or documentation proving sole custody. Read the details here.
If a parent is not present, they must provide consent using Form DS-3053 , which must be signed in the presence of a Passport Acceptance Agent or a Notary Public. Examples of ways to prove sole legal custody include, but are not limited to, providing a birth certificate listing only one parent, a custody or adoption order, a death certificate for the other parent, or a court order terminating the other parent’s parental rights. For children aged 16 or older, the applicant must appear in person, but only one parent or guardian’s signature is typically required, though a passport officer may still request notarized consent from the other parent.
When planning travel, please defer to specifics in any of your custody orders/agreements. Absent any specific provisions, best practice requires providing at least 30 days’ notice of international travel to avoid issues. Domestic travel best practice is no less than one week. If you and the other parent disagree or miscommunicate, start by attempting written notice and discussion.
If that fails, reach out to a family law attorney, who can help you seek legal assistance or court intervention to enforce or modify travel permissions.
If you have any questions, please contact Monica Scherer and Silverman Thompson to find out how we can assist.
You can reach Ms. Scherer and the family law team at mscherer@silvermanthompson.com or toll-free at 800-385-2243.