Illinois Passport Guidelines During Child Custody Disputes (2024)

When facing an allocation of parental rights and responsibilities dispute in Illinois, concerns over obtaining or restricting a child’s passport can turn up the heat on a process that may already be complex and contentious. This is especially true when one parent fears that plans for international travel may actually be an attempt at child abduction. That’s why it’s crucial to know Illinois passport guidelines during child custody disputes.

Understanding Passport Issuance and Consent for Parents in Illinois

The passport system in the United States is a federal operation administered by the State Department, while the allocation of parental rights and responsibilities is largely the purview of various departments within the Illinois state legislature. This puts these types of disputes at the complicated and messy intersection of federal, state, and sometimes even international law.

Whether you’re trying to stop your ex from taking your child on an ill-advised vacation or trying to prevent them from moving permanently, take a deep breath and know that the law is on your side. The first thing to understand is that you have powerful parental legal recourse available to bring such plans to a halt.

The U.S. Department of State’s guidelines for passport issuance and administration are vast and complex. When it comes to the issuance of a passport for a child who does not permanently reside with both parents, it can be even more complicated. The law, however, has many layers in place to help protect parents and children from many of the legal complications associated with international travel.

Many concerned parents are relieved to learn that the State Department’s passport issuance offices require the consent of both parents to issue a passport to any child under the age of 16. This rule applies equally to happily married couples, spouses in the process of separating, and co-parents who have already dissolved their marriage. Regardless of the marital status, living arrangement, or relationship between the parents, both must engage in the passport process.

The rule also applies to children whose legal guardians are not their biological parents. In these cases, any legal guardian over the child must agree to the terms. This includes legal guardians who adopted a child and have since dissolved a marriage. No matter what the family dynamic may include, it is in the interest of the child to have both parents or guardians involved in this decision process to not only support the child but to prevent future legal complications.

While rare, there are exceptions to this important rule. Examples include when the need to travel is urgent, and one parent cannot be located, or a parent is unresponsive and likely to pass away in a foreign hospital and cannot be safely transported home. In such extreme circumstances, the sole consent of the other parent would likely suffice to get the child a passport for a final visitation.

Timeline to Receive a Passport

It currently takes around a month, or even a little longer, to get through the passport application processing period and actually receive a passport.

This waiting period is mostly due to workloads rather than implemented by design. Still, it can sometimes play a key role in protecting children from abduction by a disgruntled parent in a custody dispute. This works in much the same way the waiting period for purchasing a firearm does, allowing a cooling off period for someone who is emotionally unwell and vulnerable to making rash decisions without proper consideration for the consequences.

Expedited passport issuance is possible, but even this takes 2 to 3 weeks, and the costs increase. The fastest level of passport processing is classified as urgent and requires making an appointment and demonstrating that you need to travel internationally within the next two weeks. A parent involved in a custody dispute trying to unilaterally get their child an urgent passport would likely raise some red flags with the interviewing passport official.

In cases where a passport has previously been issued, but one parent is concerned about the other fleeing the country with their shared child, the Illinois courts can intervene with remedies such as court-ordered travel restrictions or the temporary revocation of a child’s passport.

FAQs

Can I Stop My Ex from Getting a Passport for My Child?

You can stop your ex from getting a passport for your child as long as you are the child’s legal parent. However, if your ex has sole legal and physical custody of the child in question, you may not have any legal grounds for stopping them from traveling outside of the country. Navigating this complicated process with your attorney can help you understand the options available to you.

Can I Get a Passport for My Child if the Father Is Not Around?

You might be able to get a passport for your child if the father is not around, depending on the specific circumstances. If the father is deceased, or his whereabouts are unknown entirely, leaving you the sole legal and physical custodian of your child, then you will be able to apply for a passport for your child without the father’s consent. If the father is not around only in the sense that he is missing court-ordered visitations but is otherwise still the legal father, things become more complicated.

How Do I Get a Child Passport With One Parent Absent From Illinois?

To get a child’s passport with one parent absent in Illinois or anywhere else in the U.S., we must first define what we mean by absent. In complex cases where a parent still has legal rights to their child but cannot be located or contacted, you and your attorney may want to make an appointment to speak with state department officials rather than going through the typical self-service passport application process.

How Do You Get Your Child’s Passport Even if Your Ex Says No?

You can get your child’s passport even if your ex says no by having full legal custody of the child in question. This is typically done through a court order by an Illinois Judge. Even if you were awarded joint custody with your ex at the time of the dissolution of the marriage, these orders can be revisited and amended by petitioning the court and providing evidence that shows circumstances have changed. A good attorney can be helpful here.

Chicago Parental Responsibilities Attorney

Getting through disputes about parental responsibilities is never easy for anyone, and the addition of international travel and passport issues can raise the stakes and heighten the emotional challenges involved in the process. If you have questions about how international travel could impact your parental rights, Schaffer Family Law, Ltd. has the answers you need. Contact us today and let us help ensure your and your child’s rights are protected.