What are the legal proceedings in Indiana in availing a passport for my 6-year-old daughter whom I have custodial rights?

Full question:

I reside in Indiana. I have the custody of my 6-year-old daughter. I would like to apply for a passport for her. What are the legal proceedings which I have to follow in availing a passport for her?

  • Category: Minors
  • Date:
  • State: Indiana

Answer:

In Indiana, if any party to a custody order applies for a passport for the child that person shall file a notice of the passport application with the clerk of the court that issued the custody order not less than ten (10) days before applying for the child's passport. The provisions in this regard has been provided in Ind. Code Ann. § 31-14-13-11, that reads as follows:
 
“(a) If any party to a custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport:
     (1) File a notice of the passport application with the clerk of the court that issued the custody order.
     (2) Send a copy of the notice to the other party.
(b) The parties may jointly agree in writing to waive the requirements of subsection (a).”

In Indiana, if any party to a custody order applies for a passport for the child shall file a notice of the passport application with the clerk of the court that issued the custody order not less than ten (10) days before applying for the child's passport. The provisions in this regard has been provided in Burns Ind. Code Ann. § 31-14-13-11, that reads as follows:
 
“(a) If any party to a custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport:
     (1) File a notice of the passport application with the clerk of the court that issued the custody order.
     (2) Send a copy of the notice to the other party.
(b) The parties may jointly agree in writing to waive the requirements of subsection (a).”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, one parent can deny a passport application for a child if they have legal custody rights. In Indiana, both parents typically need to consent to a child's passport application. If one parent refuses, the other may need to seek court intervention to resolve the issue.