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Travel, Custody & Consent: What You Should Know If You Want to Get a Passport for Your Child

I often receive calls from parents with important legal questions about custody, travel, and shared decision-making. One recent question came from a mother who asked:

“Do I need the father’s permission to get a passport for my child?”

If you’re wondering the same thing—whether you’re a mother or father—this guide will walk you through everything you need to know about child passport laws in Minnesota and what steps to take if the other parent doesn’t cooperate.

 

Federal Law First: What U.S. Passport Rules Say

Before we get into Minnesota law, here’s what federal law requires:

  • If your child is under 16, both parents must appear in person OR submit a notarized consent form (Form DS-3053).

  • If your child is 16 or 17, usually one parent can apply, though both being involved is preferred.

☑️Bottom line: If your child is under 16 and you don’t have sole custody, you’ll usually need the other parent’s consent.

 

⚠️Minnesota Law: Do Mothers Need the Father’s Consent?

In Minnesota, the answer depends on your custody status.

☑️ Unmarried Mothers Have Sole Custody by Default

If you were unmarried at the time of your child’s birth, Minnesota law presumes you have sole legal and physical custody—even if the father is listed on the birth certificate.

This means:

  • You can apply for a passport without the father’s permission.

  • You do not need a court order unless one already exists that grants him custody rights.

Documents to bring:

  • Certified birth certificate (showing your name)

  • Government-issued ID

  • Completed Form DS-11 (unsigned)

  • Custody order (if applicable)

 

⚠️ What If You Share Custody or the Father Refuses to Cooperate?

If a father has joint custody or legal decision-making rights, you’ll need one of the following:

  • His in-person presence at the passport appointment
    OR

  • A notarized Form DS-3053 with a copy of his ID

If the father is unavailable, uncooperative, or missing:

  • Complete Form DS-5525 (explaining special circumstances)

  • Or file a court petition (ex parte motion) in Minnesota requesting authorization


 

Guidance for Fathers Seeking a Child’s Passport

I also support fathers in gaining clarity and access to their children. Here’s what to consider:

⚠️ If You Do NOT Have Legal Custody:

If there is no court order granting you custody, or you weren’t married to the mother:

  • You likely cannot apply on your own.

  • You must pursue legal custody through court or mediation.

☑️ If You DO Have Joint Custody:

You have the right to:

  • Be present at the passport application

  • Consent using Form DS-3053

  • File a motion to enforce custody or travel rights, if needed

Tip: If the other parent refuses to cooperate, mediation may be a faster, less expensive solution than court.


 

How Integrous Resolution Services, LLC, Can Help

As a neutral family mediator, I help parents:

  • Understand their legal rights

  • Avoid unnecessary conflict

  • Reach peaceful travel and custody agreements

  • Navigate the passport process confidently

Whether you’re a mother applying alone, or a father trying to assert your rights, you don’t have to do it alone.


 

Summary: Passport Rules by Custody Status

Custody Status Do You Need Consent? What to Bring
Sole Legal Custody (MN default for unmarried moms) ❌ No Child’s birth cert, your ID, Form DS-11
Joint Legal Custody ☑️ Yes Both parents or DS-3053 + ID copy
Other Parent Missing/Uncooperative ❓ Maybe DS-5525 or court order

Ready to take the next step?

Call Today

If you’re unsure about your rights, facing co-parenting conflict, or simply want a peaceful solution—let’s talk.

Choosing mediation is a choice for peace, clarity, and mutual respect. If you’re ready to move forward and find common ground, we’re here to help.

Schedule a consultation or call to initiate services. Together, we can find a solution that protects your child—and your peace of mind.

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