Which parent keeps a child’s passport after divorce usually depends on the custody order or another court directive, not a universal federal rule awarding possession to the primary caregiver. The State Department recognizes that state courts can order a parent to surrender a child’s passport. Issuance, physical possession, and permission for a particular trip are separate questions. [1]
Read the order before demanding delivery
Look for provisions governing passport storage, exchange before travel, return afterward, required consent, and notice of itineraries. If the order is silent or unclear, seek an appropriate clarification through the family court rather than assuming custody automatically determines possession.
A workable order can identify who holds the document, how far in advance it must be supplied, and when it must be returned. Those details help prevent a valid travel arrangement from becoming a last-minute dispute. They do not replace the destination country’s entry requirements.
Getting a new passport has separate consent rules
For children under sixteen, both parents or guardians generally must appear or provide the required approval, unless acceptable evidence establishes that the other parent’s consent is unnecessary. State Department guidance identifies a court order granting sole custody or specific authority to apply as possible evidence. Mere physical custody is not automatically the same as sole legal authority. [2]
Applicants aged sixteen or seventeen follow a different process, including showing parental awareness under the Department’s instructions. Do not apply the under-sixteen procedure unchanged after a birthday. [3]
Passport alerts have limits
The Children’s Passport Issuance Alert Program can help notify an enrolling parent about a U.S. passport application and support review of required consent. It does not guarantee that issuance will be stopped, prevent issuance of foreign passports, or by itself prevent international travel on an existing valid passport. [4]
Likewise, withdrawing consent after a passport was issued does not automatically cancel it. A court order and appropriate prevention steps may be needed when a genuine abduction concern exists. [1]
Prepare the relevant documents
- The full custody order and later amendments.
- The child’s passport details and expiration date.
- Written travel agreements and required notices.
- Evidence of legal authority for a new application.
- Current contact information for any passport alert enrollment.
See applying without the other parent's consent and proof of sole legal custody for a passport before assuming possession of the booklet answers the application question.
Primary sources
- Passports and Children in Custody Disputes
- Department of State: Child Passport Under16
- Apply for Your Passport as a 16-17 Year Old
- Children’s Passport Issuance Alert Program (CPIAP)
Sources checked: October 31, 2026.