There are very specific rules about how to get a passport for children under the age of 16 whose parents are divorced. The U.S. State Department’s rules require that both parents give their consent before any minor child under the age of 16 can get a passport.
If one parent cannot be found in order to get the consent for the passport, the applying parent can complete a Statement of Exigent/Special Family Circumstances, which will detail the other parent’s unavailability and the efforts made to contact the other parent. It may also be required that you provide evidence of the special circumstances.
If you can locate the other parent but he or she refuses to consent to the passport application, you will probably have to take the other parent to court. A court can order the other parent to sign a passport application. The other parent can contest it and offer reasons that the passport should not be obtained.
If you are in the process of divorce and you anticipate that your child will need a passport some time before he or she reaches the age of 16, it would be smart for you to address this issue in your divorce. You can have the passport issue put into your original court order, and if it is, you will not need the other parent’s permission in order to obtain your child’s passport.
There are also steps you can take if you fear that your ex-spouse may take your children out of the country without your permission. The State Department allows parents to have their children’s names entered into the U.S. passport name-check system. If they are accepted, the parent will be notified if someone else applies for a passport for the child.