For a child under sixteen, sole legal custody or another qualifying circumstance can allow one parent to apply without the other parent’s consent. Physical custody alone is not necessarily sufficient. [1]
Use the controlling document
A qualifying court order, a death certificate, or another document listed by the State Department can establish the relevant exception. Read the complete order for travel or passport restrictions and retained parental rights. [1]
A school address, informal parenting arrangement, or statement that the child lives mostly with one parent does not automatically establish sole legal authority. [1]
Prepare the full application
Bring the child, required identity and citizenship evidence, and the original or certified documents required by current instructions. Other circumstances can require the appropriate consent or special-family-circumstances form. [2]
If the order is ambiguous, obtain clarification rather than assuming a passport agency will resolve a custody dispute. International travel permission and passport issuance can also be separate questions. [2]
Practical application
An order granting primary physical custody may still leave both parents with legal decision-making authority. A passport application should therefore rely on the actual legal-custody terms, not a shorthand description of where the child lives. If another parent’s consent is required, use the prescribed process. A court order specifically authorizing passport issuance can present a different route from proving sole legal custody. [1]
Consent exceptions require the right evidence
The passport regulation addresses execution for minors and the circumstances allowing one parent to act. The State Department’s under-sixteen instructions identify acceptable evidence for relevant exceptions, including specified custody or court-authority documents. A special-family-circumstances submission is assessed on its actual explanation and supporting records; it is not automatic approval because obtaining consent is inconvenient. Check the complete court order and any restriction involving passports or international travel. If a dispute remains, obtain an appropriate court determination rather than asking the passport process to replace the family court’s custody decision. [1] [2]
Related questions
Related guidance: Can You Get a Passport if You Owe Child Support? and passport applications with a suspended license.
Primary sources
Sources checked: October 31, 2026.