As directed by Public Law 106-113 and 22 CFR 51.28, to submit an application for a new passport or to renew the passport of a child under the age of 16, BOTH PARENTS or the child’s legal guardian(s) must appear at the passport office (or post office) and present the required documentation. After a divorce, even with parents who were ordered to share Legal Custody, one parent may not be inclined to help out the other parent when he or she is making plans to vacation with the children. So what do you do?

1) Have your custody orders modified to take legal custody away from the uncooperative parent, or have the order modified to include ramifications if a parent unreasonably withholds his/her consent. If you are currently going through a divorce or parentage action, keep this in mind. Make sure your judgment specifies the parameters of Legal Custody, if it’s going to be shared, and make sure your judgment has penalties for unreasonable failures to cooperate when both parents are required to consent to a minor’s activity or travel plans. OR

2) Have the parent provide a notarized written statement or DS-3053 [http://www.uspassporthelpguide.com/wp-content/uploads/2013/06/ds-3053.pdf] consenting to the passport issuance for the child. Note that if there is more than one child, you need a separate statement or DS-3053 for each child. The notarized statement or DS-3053 cannot be more than 3 months old and must be signed and notarized on the same day, and must come with a photocopy of the front and back side of the signing parent’s government-issued photo ID. OR

3) present “primary evidence of sole authority to apply”. If you have sole legal custody, you do not need the other parent’s consent to apply for or renew a passport for a child under the age of 16. The passport office or post office will want proof. Bring your divorce judgment or parentage judgment with you that shows you were awarded 100% legal custody. Again, if applying for more than one minor’s passport, make a copy of the judgment for each application. OR

4) A written statement or DS-5525 (made under penalty of perjury) explaining in detail the second parent’s unavailability. [http://www.state.gov/documents/organization/217450.pdf]

Here are a couple tips for being fully prepared to renew or apply for minor’s passports: The children for whom you are applying must come with you to the passport office (or post office, if applicable). Bring their original birth certificates, proof of U.S. citizenship, proof of identity (plus a photocopy of the ID), recent color photograph that meets passport requirements [FedEx Office can help you with that], and your check book. Yes, you can pay with credit or debit card, but there’s an additional fee for that.

Safe travels …

Here are some things to think about that may help you make your best choice.

Make a list of all the people you know who you would trust to take care of your children. You don’t need to limit your list to close family members. While siblings and parents can be excellent choices, consider also extended family members who are old enough to raise your children – cousins, aunts, uncles, nieces, nephews, even second cousins once removed. Beyond family, consider close friends, families with whom your family is close, the families of your children’s friends, friends you know from your place of worship, even teachers or child care providers with whom you and your children have a special relationship.

Don’t eliminate anyone from consideration because you don’t think they have the financial means to take care of your children. You can take care of the finances with what you leave with life insurance, a trust or will. You can even instruct your trustee to provide funds for your chosen guardian to build an addition to their home or move to a larger home to accommodate your children.

Consider whether each couple or person on your list would truly love your children if appointed their guardian. If they have children of their own, will your children be second fiddles? Or is the couple sufficiently loving that they will make your children feel loved no matter what?

Consider values and philosophies, such as

• religious beliefs

• moral values

• child-rearing philosophy

• educational values

• social values

Consider how raising children would fit into their lifestyle?

• If they’re older, do they have the necessary health and stamina? Do they really want to be parents of a young child at their stage in life?

• Do they have other children? How would your children get along with theirs? Are there potential problems if your children were to live with theirs? How easily could the problems be dealt with? (For instance, do you want to place a child who struggles in school with a high-achieving child of the same age for whom everything comes easily?)

• How close do they live to other important people in your children’s lives?

• If a couple divorced, or one person died, would you be comfortable with either of them acting as the sole guardian? If not, you need to specify what you would want to happen.

Select a temporary as well as a permanent guardian. Temporary guardians may be appointed if both parents become temporarily unable to care for their children – for example, as the result of a car accident. Depending on your choice for permanent guardians, you may want to designate different people to act as temporary guardians. If your choice for a permanent guardian lives a considerable distance away, choose someone close by to serve as temporary guardian. If you’re temporarily disabled, you’ll want your children close by. And you won’t want their lives unnecessarily disrupted by moving them to a new town and school. If you have no relatives or close friends nearby, consider families of your children’s friends.

Consider writing down your reasons. If you’ve chosen friends over relatives, or a more distant relative over a closer one, be sure to explain your decision in writing. That way – in the unlikely event your choice is challenged by people who feel they should have been chosen – a court should readily uphold your decision, knowing you’ve made your choice for good, solid reasons.

Once you’ve made your choice, feel free to include in your estate plan a statement or set of guidelines to convey information about your children to your guardian. This statement may include your parenting values and your hopes and dreams for your children. You might want to list people who you want to have ongoing involvement in your children’s lives.