Need child passport? How to get a court order?
There may be several reasons that one may want to apply for a passport for their child and may be looking for ways on how to get a court order for child passport. It may be to apply for travel permit for educational purposes or to keep away from the stress caused by divorce. Parental kidnapping or safety issues are yet another reason legal guardians would want to send their children abroad to a much safer abode. Wondering how to get a court order for child passport? Keep reading! The Law Offices of SRIS, P.C. explains how to get a court order for child passport and also covers the major challenges faced while applying for travel permit.
Reasons an Application for Child Passport Could Get Rejected
Parent declining to sign in the Passport Application
While requesting travel permit for children below 16 years of age, it is crucial to submit a passport application form that must have the signatures of both the parents. If either the mother or father won’t sign travel permit application, it could get rejected right away. While it can be frustrating at times, it is done in order to protect the child from potential international abduction issues. If there is a strong reason behind the application, one can seek legal assistance to apply for a court order. Wondering as to how to get a court order for child passport? Then connect with an experienced family lawyer right away.
Not Enough Evidences on Citizenship
If you are a citizen of the U.S. and you have enough documents to prove it, then obtaining child passport wouldn’t be much of a problem. But if you fail to submit the required documents, you might have to face immediate rejection of application.
If you are unable to prove citizenship, you can still cite appropriate reasons for the lack of it and request for court’s order. You can seek legal assistance to get a clear understanding on how to get a court order for child passport.
Filling the right details is essential if you want to have it accepted in the first attempt. Incorrect data could mean the application getting rejected without second thoughts.
Out of the 3, the first reason is the most common one. In joint custody cases, if one parent refuses to sign the application, the form would be declined. To avoid this, you need to understand how to get a court order for child passport and have the process executed effectively. A court order is a legal statement provided by the court of law that allows you to obtain a child passport even without the consent of the other parent. But how to get a court order for child passport? There are many scenarios that you need to consider before dealing with the “how to get a court order for child passport” procedures. 2 major scenarios are discussed herein:
- How to Get a Court Order for Child Passport If One Parent is unavailable?
If one of the parents is not able to make himself or herself available during the passport application process, then they will be required to submit a statement of consent, formally referred to as the Form DS-3053. The absent parent must fill out the application, sign the form and send it to you directly or through an attorney. You must ensure to have a copy of their driver’s license attached to the form during submission. If there are no other data irrelevance issues, then your application would be accepted without much hassle.
- How to Get a Court Order for Child Passport If You are not able to locate the Other Parent?
If you not aware of your ex’s whereabouts then the Department of State will allow you to fill a Statement of Exigent, also referred to as the Special Family Circumstances [Form DS-5525]. You have to offer a comprehensive explanation of the efforts you have taken to locate your partner and the reason why you failed to locate them. In certain situations, you may be asked to submit supporting documents to authenticate your claims.
Such situations are sometimes tricky to deal with; in most cases, if your reasons and claims aren’t satisfactory, then your application for passport would be rejected. So, it is better you seek legal assistance because a legal expert will know how to get a court order for child passport and will help you navigate smoothly through the process.
Things to Remember When Trying to Deal with the How to Get a Court Order for Child Passport Process:
- Hire an Experienced and Knowledgeable attorney
You may not be well aware of all legal requirements while seeking for a court order. Hire a diligent attorney to help you understand and navigate through the process of how to get a court Order for Child Passport.
- Establish Humanitarian Reasons
If you have humanitarian or emergency reasons related to the welfare of the child involved, then make it be known to the court. Discuss with your lawyer before making statements; your lawyer will help you choose the right course of action while dealing with the how to get a court order for child passport process.
- Establish Health and Safety Reasons
If you feel your child’s health and safety depends on the planned international travel, then you can state it as the reason while seeking court order for child passport.
- Establish Special Family Circumstances
If your ex’s family has forbidden your ex-partner from signing the passport application, then make it be known to the court. Your lawyer will take care about the process associated with how to get a court order for child passport. You just need to make sure that you provide your lawyer with all possible information related to passport application.
The two-signature rule was imposed in order to safe-guard minor children from parental kidnapping. Also, if the State Court feels a child’s security is in danger, then it has the authority to order the parent, with passport possession, to submit the child’s passport in court. These are just safety measures that the court takes in order to ensure the welfare of children, but it does not necessarily mean that you will be prevented from vacationing with your children abroad. If you cite valid reasons to prove that your child is secure with you, the court will lift the restriction and hand over the passport back to you.
If you still haven’t found an answer on how to get a court order for child passport, then connect with a local family lawyer right away. Hiring a lawyer to guide you through the process is crucial if you want to obtain the best outcome from your efforts. A diligent lawyer specialized in family law will know the legal system better than you and will know how to get a court order for child passport.
While the two-signature rule can be confusing to a lay person, a family lawyer will know how to state and establish valid reasons to get consent from court even if one of the parents is unavailable. If your divorce case is still under progress and if issues such as custodianship and visitation rights haven’t been confirmed, then do not fret.
The lawyers at the Law Offices of SRIS, P.C. help you get through the trickiest of legal battles. So, if you find yourself worrying about how to get a court order for child passport, then hire our family attorney without further delay.