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

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

Q: What is a special circumstances letter for a passport?

A special circumstances letter is a document that explains why a child's passport application is being submitted without the usual requirements, such as the consent of both parents. This letter may be necessary in situations where one parent cannot be contacted or is unavailable to provide consent.

Q: What disqualifies you from getting a passport?

Several factors can disqualify you from obtaining a passport, including having outstanding federal warrants, being convicted of certain crimes, or failing to pay child support. Additionally, if there are legal custody issues or disputes, this may also affect eligibility.

Q: Why would a child's passport be denied?

A child's passport may be denied if there is a lack of consent from the non-custodial parent, if there are outstanding legal issues, or if the application does not meet the required documentation standards. It's essential to ensure all legal requirements are met before applying.

Q: Do both parents have to give permission for a child to get a passport?

Yes, in most cases, both parents must provide consent for a child to obtain a passport. If one parent has sole custody, they may apply without the other parent's permission, but they must follow specific legal procedures, such as notifying the other party.

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: 04/07/2025
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:

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

Can one parent deny passport?

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.