Parent Refusing Your Child’s Passport?
Your Options when the Other Parent Refuses in Wyoming.
A common question divorced or separated parents ask our attorney’s is: “Can I get a passport for my child if the other parent refuses to sign?”
The answer depends on both federal passport regulations and your Wyoming custody order. While many parents assume that having primary physical custody is enough, that is not the case in Wyoming. However, all is not lost.
Federal Law Generally Requires Both Parents’ Consent.
For children under the age of 16, the U.S. Department of State generally requires the consent of both parents before issuing a passport.
This usually means:
- Both parents appear together when applying for the passport; or
- One parent signs a notarized Statement of Consent (Form DS-3053); or
- One parent presents a court order that legally allows them to obtain the passport without the other parent’s consent.
If neither parent has sole authority and one parent simply refuses to cooperate, the passport application will usually be denied. To determine if you have the appropriate authority to unilaterally apply for your child’s passport, you need to have an Order Establishing Custody or a Divorce Decree that grants you such authority; But don’t be confuses on the legal jargon, there are certain provisions that are similar but have major differences that make or break your ability to obtain the passport.
Does Primary Custody Give Me the Right to Get a Passport?
Not necessarily. Typically, Wyoming custody orders award one parent primary residential/physical custody while giving both parents “joint legal custody.” Joint legal custody means both parents share responsibility for major decisions affecting the child.
Unless your court order specifically provides otherwise, obtaining a passport is considered one of those major decisions.
Simply having the child most of the time does not automatically give one parent authority to obtain a passport without the other’s consent. Therefore, there are two major things to look into.
First, you need to determine who has legal custody. If both parents have joint legal custody, one parent may still be able to obtain a passport without the others’ consent. This will be discussed next. If one parent has sole legal custody, that parent will be able to send a copy of their court order along with their passport application and they will be deemed to have the authorization to unilaterally order their child’s passport.
Next, if your order grants both parents joint legal custody, you need to look for “final decision-making authority” language which is typically found in the legal custody section. In 2024, the Wyoming Supreme Court determined in Daniel v. Domenico, 2024 WY 2, 541 P.3d 420 (Wyo. 2024), that if the Court awards joint legal custody, there needs to be a mechanism to break an impasse when the parties cannot agree. Therefore, most Wyoming courts, when awarding joint legal custody, assign final decision-making authority to one parent.
If the Order grants final decision-making authority over legal custody issues (including obtaining a passport), that parent will have the controlling authority to either obtain or not obtain a passport for the child(ren). Even if you have final decision-making authority, the U.S. Department of State may not assign a passport without an express Order indicating that one parent has the sole authority to obtain a passport.
What To Do If You Have Final Decision-Making Authority but Not Express Authority to Unilaterally Obtain a Passport?
There are two courses of action that can be taken in this scenario. You can fill out the application, attach a copy of the Order granting you final decision-making authority (highlight this portion of the Order), and cross your fingers. This option does not guarantee that you will be able to obtain a passport, as discussed above, but in some instances, the Department of State will issue the requested passport.
To guarantee that your child’s passport is obtained on the first attempt, it is often advised to file a motion identifying that the requesting party has final decision-making authority over legal custody issues, that this is a dispute over a legal custody matter, and that the parent is seeking an order granting specific authority for said parent to obtain the passport. These requests are often entered, upon judicial review of the Order and facts presented in the motion, without the need for a hearing on the matter.
What If the Order Does Not Grant Either Parent Final Decision-Making Authority?
In the event your Order does not contain a final decision-making clause within the legal custody section, neither parent can unilaterally obtain a passport without written consent of the other parent and without a subsequent court order.
In this situation, either parent may file a motion asking the court to modify the Custody Order/Divorce Decree to include final decision-making authority over all legal custody matters.
At which point, the court will determine which parent should have final decision-making authority based on the best interests of the child. Factors that may be considered by the court in making this determination include:
- The quality of the relationship each child has with each parent.
- The ability of each parent to provide adequate care throughout each period of responsibility.
- The relative competency and fitness of each parent.
- Each parent’s willingness to accept the responsibilities of parenting.
- How the parents and the child can best maintain and strengthen their relationships.
- How the parents and child interreact and communicate.
- The ability and willingness of each parent to respect the other parent’s rights and parenting role.
- Geographic distance between the parents’ residences.
- The current physical and mental ability of each parent to care for the child.
- Whether either parent is required to register as a sex offender.
- Any other factors the court deems necessary and relevant; which, in a passport dispute may often include:
- Why the passport is needed.
- Whether international travel is legitimate and appropriate for the child.
- Whether either parent has concerns about international abduction.
- Each parent’s history or cooperating with court orders.
- The child’s relationship with each parent.
- Whether any safeguards are needed to protect both parents’ rights.
Wyoming Statute § 20-2-201(a).
Can the Court Protect Against International Abduction?
Yes. When appropriate, courts can craft orders that protect both parents while still allowing the child to travel.
Examples may include:
- Requiring detailed travel itineraries.
- Requiring advance notice before international travel.
- Limiting travel to certain countries.
- Requiring return dates.
- Requiring the passport to be maintained by one parent or another designated individual when not in use.
- Including other safeguards tailored to the family’s circumstances.
These protections often allow legitimate travel while addressing concerns about the child’s safe return.
Every Custody Order Is Different
The language of your custody order or divorce decree matters.
Some Wyoming decrees give one parent final decision-making authority on certain issues. Others require both parents to agree on all major decisions. Still others contain specific provisions regarding passports or international travel.
Determining your rights begins with reviewing the exact language of your custody order.
Need Help?
If you’re facing a passport dispute involving your child and need help getting this issue timely resolved, contact our office at 307-788-2143 to discuss your options and protect your family’s ability to travel while safeguarding your child’s best interests.