Can my ex apply for a passport for our child without my permission?

After handling divorce and family alw cases for 16 years, there are common concerns that client’s express in each unique case.  One of the often expressed concerns is whether or not the ex-spouse and co-parent can apply for a passport for a minir child. A related issue is whether one parent can use a valid, previously issued passport for a child. The ability to do so presents some scary possibilities.  

One of the strongest tools to prevent the issuanc of a passport is to register your child in the Children’s Passport Issuance Alert Progam (CPIAP) administered by the State Department.  A parent can register any child age 18 and under. Once a child is registered, an alert will be sent to the parent if a pasport application is submitted on behalf of the registered child.  Once notified, the parent who registered the child will typically have 30 days to object to a passport being issued or provide their consent.  The registry information is available to all U.S. passport agenices, United States Embassies, and U.S. consulates around the world.  

Either parent may register a child regardless of whether or not that parent has custodial rights to the child.  

While registering a child in CPIAP can provide a high level of protection, it is not a guarantee that a passport cannot be issued.

For more information on this progam, you can use the following link: http://travel.state.gov/family/abduction/resources 

 

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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