To get a court order for a child passport, you file a petition in the family court where your child lives asking a judge either to grant you sole legal custody without travel restrictions or to specifically authorize you to obtain a U.S. passport for the child. Federal regulation 22 CFR 51.28 requires both parents to consent to a passport for any child under 16, and when one parent won’t sign, can’t be found, or is otherwise unavailable, a properly worded court order is what the State Department will accept in place of that second signature.1eCFR. 22 CFR 51.28 – Minors
When You Actually Need a Court Order
You don’t always need one. If the child’s birth certificate lists only one parent, or if the other parent has died and you can produce a death certificate, that’s enough on its own. A court order becomes necessary when both parents are on the birth certificate and the other parent won’t cooperate, has disappeared, or lacks the legal capacity to consent.
The State Department and passport acceptance agents have no authority to resolve custody disputes or hunt down a missing parent. Their job is to check whether the paperwork satisfies 22 CFR 51.28. Under that regulation, the following judicial documents each substitute for two-parent consent on their own:
- A court order granting you sole legal custody, provided it contains no travel restrictions that conflict with issuing a passport.
- An order specifically authorizing you to obtain a passport for the child, regardless of how custody is otherwise divided.
- An order specifically authorizing the child to travel with you.
- An order terminating the other parent’s parental rights or declaring that parent incompetent.
Which one you pursue depends on your situation. If you already share joint custody and don’t want to reopen the whole custody arrangement, asking for a targeted passport authorization is usually the cleaner path.
What the Order Must Actually Say
This is where most applications stall. The State Department reads the order literally. A general joint custody order, or any order requiring both parents to agree on major decisions, will be treated as requiring both signatures even if you’re the primary custodial parent.1eCFR. 22 CFR 51.28 – Minors
When you draft your petition, make sure the proposed order includes at least one of two things: language granting you sole legal custody with no travel restrictions inconsistent with passport issuance, or language specifically authorizing you to obtain a U.S. passport for the named child. The second version is often easier to get from a judge in a joint-custody situation because it carves out passport authority without disturbing the rest of the arrangement.
The order should also name the child exactly as the child appears on the birth certificate. Any mismatch can cause the State Department to reject the application. If the child’s name has changed since birth, bring documentation of the change to the passport appointment as well.
Building Your Case Before You File
Judges want to see that you tried to get the other parent’s consent before asking the court to override the two-parent rule. The strength of that record often determines whether you walk out with an order the first time or get sent home for more legwork.
Gather the basics first: the child’s birth certificate, any existing custody or visitation orders, and, if this is a renewal situation, prior passport records. Have the other parent’s last known address, phone number, and email ready. Then assemble proof of your outreach. Text messages, call logs, certified mail receipts that came back unclaimed, and timestamped emails asking for consent all show good-faith effort.
If the Other Parent Can’t Be Found
When the other parent is genuinely missing, most courts require a diligent search before they’ll act. That means more than a look at social media. Courts expect documentation that you contacted the parent’s relatives and last known employer, checked motor vehicle records, verified military status through the Department of Defense Manpower Data Center, and submitted a change-of-address request to the U.S. Postal Service at the last known address.2New Jersey Courts. Certification of Diligent Search Keep copies of every letter sent and every response received.
If nothing turns up, file an affidavit of diligent search explaining each step and why it failed. Only after the court accepts that the other parent is truly unreachable can you proceed to service by publication.
Filing, Serving, and the Hearing
File your petition with the Clerk of Court in the county where the child lives. Most family courts have standardized forms labeled something like “Motion for Passport” or “Petition for Sole Authority to Obtain Travel Documents.” You’ll identify the child, describe the relief you want, and explain why joint consent isn’t possible. Attach any existing custody order.
Filing fees vary by jurisdiction and generally fall in the range of a few hundred dollars. Fee waivers are available for those who qualify based on income; ask the clerk about the in forma pauperis process.
Serving the Other Parent
After filing, you must complete service of process. A process server or the local sheriff’s office typically handles this. The court needs proof that the other parent was notified and given a chance to respond. If the parent can’t be located despite your diligent search, ask the court for permission to serve by publication, which usually means running a legal notice in a newspaper once a week for four consecutive weeks. Publication satisfies due process, but it adds time and expense.
At the Hearing
The judge will review your evidence and likely ask why the passport is needed, where you plan to travel, and why the other parent isn’t participating. Clear, legitimate purposes such as visiting family, medical care abroad, or an educational program tend to get granted without much friction.
If the other parent appears and objects, the hearing becomes contested. The judge weighs each side against the child’s best interests. Factors that matter include your history of returning the child on time after past travel, whether the destination is a signatory to the Hague Convention on child abduction, and whether the itinerary has specific dates and a clear return. Judges may attach conditions such as requiring a bond or surrender of the passport after the trip.
Expect roughly 30 to 90 days from filing to hearing, depending on the court’s docket. If the judge grants your request, ask the clerk for a certified copy of the signed order immediately. The certified copy, with its raised seal or official stamp, is what the State Department requires.
Emergency Orders When Travel Can’t Wait
Sometimes the standard timeline doesn’t work. A family emergency, a pre-booked trip, or a medical situation abroad may need faster action. Most family courts have a procedure for ex parte orders, which a judge can grant based on one party’s request without the other side present.
Courts grant these sparingly and only when waiting would cause irreparable harm. You file a motion explaining the emergency and showing the travel is time-sensitive. The judge may sign a temporary order authorizing the passport application and schedule a follow-up hearing where the other parent can appear. Expect strict conditions on any temporary order, such as surrendering the child’s passport to the court after the trip or a limited duration. If the other parent contests it at the follow-up, the judge can modify or revoke it.
Using the Order at the Passport Appointment
Once you have the certified order, apply at any authorized acceptance facility. Bring:
- Form DS-11, filled out but not signed in advance. You sign in front of the acceptance agent.3U.S. Department of State. Application for a U.S. Passport
- The certified court order (original or certified copy) showing sole custody or specific passport authorization.4U.S. Department of State. Apply for a Child’s Passport Under 16
- The child’s birth certificate, original or certified copy with a registrar’s seal.
- Your valid government-issued photo ID.
- The child, in person, regardless of age.
A minor’s passport book costs $100 in application fees plus a $35 execution fee, for a total of $135. These are two separate payments. The $100 goes to the Department of State by check or money order made out to “U.S. Department of State.” The $35 goes to the acceptance facility, and accepted payment methods vary by location.5U.S. Department of State. Passport Fees
Standard processing currently takes four to six weeks, not counting mailing time. Expedited processing runs two to three weeks for an additional $60.5U.S. Department of State. Passport Fees If you’re traveling within 14 calendar days, book an in-person appointment at a regional passport agency through the Online Passport Appointment System or by calling 1-877-487-2778.6U.S. Department of State. Make an Appointment at a Passport Agency or Center
The State Department holds your supporting documents during processing and returns them separately after the passport ships. The passport book arrives first through a trackable delivery service; your citizenship evidence, including the court order, follows up to four weeks later by First Class Mail.7U.S. Department of State. After You Get Your New Passport If you need the original order back quickly for other proceedings, submit a certified copy instead of the original.
One More Thing That Can Slow You Down
Even with a valid court order, the application can hit additional review if the other parent has enrolled the child in the Children’s Passport Issuance Alert Program. CPIAP is a free State Department program that notifies an enrolled parent whenever someone applies for a passport for their child.8U.S. Department of State. Children’s Passport Issuance Alert Program (CPIAP)
CPIAP doesn’t automatically block issuance. It prompts the State Department to verify that proper consent or legal authority exists. If your order qualifies, the application still proceeds, but the review can add processing time. Bring extra copies of the order and be ready for the State Department to contact you for verification.
Don’t Skip the Court Process
Some parents consider working around the consent rule by using a second passport from another country or traveling somewhere that doesn’t require one. Under federal law, removing a child from the United States or keeping a child outside the country with the intent to obstruct another parent’s custody rights is a felony carrying up to three years in prison.9Office of the Law Revision Counsel. 18 USC 1204 – International Parental Kidnapping Even traveling domestically against a custody order’s travel restrictions can trigger contempt of court, modification of custody in the other parent’s favor, and long-term restrictions on your future travel with the child. The court order route takes time. It also protects you.