Photo by Global Residence Index on Unsplash

Going through a divorce is always difficult and we always hope that people can move-on with their lives afterwards without additional court intervention.  However, if you have minor children the court can become involved again if there are parenting time or custody issues until each child reaches the age of 18.  I was recently asked by a former divorce client how to go about getting passports for the kids so they can take the kids out of the country for spring break this school year.  This blog is written to generally address the issue of how to go about getting a passport for your children after a divorce in Michigan.  If you have questions regarding a potential divorce, separation, parenting-time/custody issues or are considering a prenuptial agreement, please click on this link to schedule a consultation or call us at (248) 608-4123.

How Do I Get A Passport For My Child After A Divorce In Michigan?

This blog is not intended to be a step-by-step guide on how to apply for a passport, it is really more about when you have joint legal custody and would like to get passports but both parents are required to sign the application and you are not sure how to proceed.

The first thing you should do is contact the other parent by email and telephone to discuss getting the passports.  Hopefully, you will be able to agree on both parties signing the application in a timely manner.  If you cannot get an agreement from the other side, then the next thing to do is to file a motion with the same court that granted the original Judgment of Divorce.

In that motion you should state at least the basic facts regarding the children, their age, why you are seeking the passport, when you plan to travel and that you have contacted the other parent and requested that they sign the application but they have failed or refused to do so.  Once you have filed the motion, with the proof of service, set the motion for a hearing date and provided the appropriate notice of the hearing to the other parent, you will go before the Friend of the Court Referee, the Judge or both.  The court will most likely order that the other parent has to sign the application by a set date or appear at the appropriate place and time with you and the children to allow you to prepare and file the application with the appropriate signatures..  If the other parent refuses to sign, the judge can hold the other parent in contempt, fine them and even order jail time.  In some instances, the court may issue an order that you have the authority to sign for both parents.

Unless there is some substantial risk in allowing the parenting time to take place in a foreign country or you are seeking to take the children to a country that is not a member or has not signed onto the Hague Convention, most likely the court will assist you in getting the passport.  However, every case is different, if you have an issue with parenting time or you need assistance getting a passport for your children, please do not hesitate to contact us by clicking on this link or calling (248) 608-4123.