Children’s Passports

Yes, in most cases. The federal Two-Parent Consent Law requires that both parents must consent to the issuance of U.S. passports for children under 16—unless the parent or guardian applying can prove that the other parent’s consent isn’t required.

In certain situations, Texas courts can order that one parent or legal guardian has the exclusive right to apply for, renew, or maintain a child’s passport.

That parent would have the legal authority to apply for the passport without needing the other parent’s consent. Texas Family Code 153.133(a)(4) says that a court can divide up parents' rights and duties, and that can include passport matters.

If a court names one parent as the sole managing conservator, and there are no specific limitations in the court order regarding passports, that parent has the exclusive right to handle passport-related matters. Texas Family Code 153.132(10)

To know if both parents need to consent, check your court orders. Custody orders and divorce decrees often include specific provisions about who can consent to a child’s passport.

If you need to change which parent can consent to a passport, you can file to modify your custody order. In emergency situations, especially if international child abduction is a concern, you may need to request a temporary court order or restraining order.

If the court orders say that you must hand over the passport to the other parent, you must do so. Talk to a lawyer if you think giving the other parent the passport is a bad idea.

The State Department's Children’s Passport Issuance Alert Program (CPIAP) notifies the enrolling parent or legal guardians when a passport application for their child is submitted. This ensures that the two-parent consent rule is followed. The program informs the enrolling parent about any pending passport applications and previous passports issued for the child.

Learn more by reading about Passports and Children in Custody Disputes on the website of the State Department.

Yes. Your court order can include provisions about passports specifying which parent or conservator has the authority to apply for, renew, and maintain possession of the child’s passport.