Applying for a Child’s Passport in Hidalgo County Before Summer: When Both Parents Must Sign

Summer travel plans can lead to stress and anxiety for divorced parents who need to get their child a passport. Parents may assume that a custody order is enough to apply for a passport with one parent’s approval, only to discover that federal passport requirements demand both parents’ consent. Issues arise when one parent won’t cooperate, has disappeared, or intentionally draws the process out. Working with an experienced Edinburg child custody attorney can help you navigate disputes like this.

The team at Garza Law Office, PLLC, understands how custody concerns can make it hard for Hidalgo County families to make the most of their children’s summer breaks. Attorney Dora Alicia Garza is here to help you understand your rights, explore your options, and take action well in advance of your travel plans. Schedule a consultation with our child custody law firm now by calling us at 956-329-1304.

Why Both Parents Must Sign

Passport requirements for minors are very clear—you must have both parents’ consent for a child under the age of 16 to receive a passport. This rule is in place primarily to prevent international parental abduction. If one parent can secure a passport without the other’s approval, they may take the child to a country that will not get involved in American custody disputes. While many countries do intervene and force the return of the child to their home country, there are those that will not intervene.

This often becomes an issue before summer break when travel plans are already well underway, deposits are already made, and time is of the essence.

Documents You’ll Need

Applying for a child’s passport requires substantial documentation, including the child’s official birth certificate with a seal, proof of the parental relationship, the parents’ government-issued IDs, and Form DS-11. You’ll also need to provide photocopies of official documents. At some passport application locations, you need to bring your own passport photos. Others take the photos for you.

What Happens When One Parent Refuses to Sign

Unfortunately, passport disputes are somewhat common after divorce or separation. In some cases, these disputes are the result of genuine concern on the dissenting parent’s part. They may feel that the travel destination is unsafe, worry about their co-parent fleeing the country with their child and not returning, or feel uncomfortable with international travel in general.

In other cases, not consenting to a passport is a way for one parent to control the other or a sign of co-parenting communication that has broken down so severely that no cooperation is possible.

Generally, even if the traveling parent feels they can override the other parent’s concerns, they cannot bypass the consent requirement and seek a passport.

Can the Court Get Involved in Passport Disputes?

In some cases, your child custody lawyer may need to take your passport dispute to court and seek a resolution. Texas courts can grant specific parental rights and decision-making authority, and if your custody order does not address international travel, a judge may be able to step in.

The court can determine whether or not international travel is permitted, whether one parent can file for a passport, and if there are any safeguards needed. Your child custody attorney will be able to explain likely outcomes based on their knowledge of the court and the judge handling your case.

Exceptions to the Two-Parent Consent Rule

While the U.S. government is firm on the two-parent consent rule, there are limited circumstances where one parent may be able to proceed alone:

• A court order grants one parent passport authority
• One parent has sole managing conservatorship rights
• One parent cannot be located
• Federal exception forms are completed

Note that these exceptions are very specific and very limited, and you shouldn’t make travel plans assuming that you’ll qualify. If you have travel plans approaching and you’re concerned about getting a passport, you should talk to your child custody lawyer sooner rather than later.

The Child Custody Lawyer at Garza Law Office, PLLC is Here for You

Worried about passport disputes derailing your summer plans? Let’s talk about your options. Give us a call at 956-329-1304 or reach out to our team online. Our child custody law firm is happy to help you plan your next steps and find solutions.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.