New York family law attorney Richard Roman Shum (https://www.romanshum.com/blog/do-both-parents-need-to-be-present-for-their-childs-passport-application-in-new-york/) has provided valuable insights into the legal requirements surrounding child passport applications in New York. The latest article addresses whether both parents must be present during the application process, a topic of significant concern for divorced or separated parents. Understanding these requirements is crucial for helping ensure compliance with legal obligations and avoiding potential delays or complications.
For parents handling the complex aspects of child passport applications, New York family law attorney Richard Roman Shum outlines the essential role that both parents play in the process. In many cases, the consent of both parents is required to prevent issues such as parental child abduction and to uphold the legal rights of both guardians. However, Shum also highlights various legal exceptions and procedures that allow one parent to complete the application when necessary.
The New York family law attorney emphasizes that U.S. law generally requires both parents' consent for a minor under 16 to obtain a passport. This requirement, known as the Two-Parent Consent Law, was designed to prevent international parental child abduction. It enables both legal guardians to be aware of and approve their child’s ability to travel internationally.
According to Shum, both parents must appear in person at a passport acceptance facility and provide identification, passport photos, and proof of their relationship to the child. However, if one parent cannot be present, they must submit a notarized Statement of Consent (Form DS-3053) authorizing the passport application. In cases where one parent has sole custody, additional documentation proving legal guardianship is required.
Richard Roman Shum highlights the importance of understanding these legal requirements, as failure to comply can result in delays or denials. Shum explains, “The child passport application process can be complicated, especially for parents managing custody agreements or legal restrictions. Knowing what documents are required ahead of time can make the process much smoother.”
While the Two-Parent Consent Law is the standard, Richard Roman Shum details specific situations where one parent may apply for a child’s passport without the other’s involvement. These include cases where one parent has sole legal custody, the other parent is deceased, or a court order explicitly grants one parent the right to apply.
For sole custodial parents, proof of their legal status must be provided. Acceptable documentation includes a custody order, an adoption decree, or a birth certificate listing only one parent. If the other parent is deceased, a death certificate must be submitted.
Shum also addresses situations where the non-applying parent is unreachable. In these cases, the applying parent must submit Form DS-5525, the “Statement of Exigent/Special Family Circumstances,” along with evidence such as a custody order or a restraining order. For parents in the military, additional considerations apply if they are deployed and unable to provide consent.
Richard Roman Shum provides a step-by-step guide for submitting a child’s passport application in New York. Parents must complete Form DS-11, provide proof of the child’s U.S. citizenship, establish their parental relationship, and present valid identification. A 2x2-inch passport photo of the child and payment for the application fee are also required.
The application can be submitted at designated U.S. Passport Acceptance Facilities, which include post offices, courthouses, and public libraries. Some locations require an appointment, while others accept walk-ins. Shum advises parents to check the U.S. Department of State’s website for up-to-date information on facility hours and requirements.
For families needing expedited processing due to urgent travel plans, an in-person visit to the New York Passport Agency may be necessary. Additional fees and proof of travel plans are required for expedited applications.
For children under 16, passports are valid for five years. Richard Roman Shum stresses the importance of tracking expiration dates and planning for timely renewal. Both parents must be present for renewal applications unless one parent qualifies for an exemption.
For minors aged 16 and 17, the requirements are slightly different. Shum explains that while both parents’ presence is not mandatory, proof that at least one parent is aware of the application is required. This can be demonstrated by a signed statement, parental payment of application fees, or a parent accompanying the minor to the passport facility.
The complex legal matters of child passport applications can be overwhelming, particularly for divorced or separated parents. Richard Roman Shum underscores the benefits of consulting a New York family law attorney to manage potential legal challenges. Whether addressing custody disputes, obtaining required documentation, or dealing with an uncooperative co-parent, having legal guidance can facilitate a smooth application process.
About the Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. is a New York-based family law firm committed to providing legal assistance in matters of custody, divorce, and parental rights. With a focus on protecting the best interests of children and families, the firm offers guidance on legal procedures related to family law, including child passport applications. Richard Roman Shum and the team work to provide clarity and legal support for parents managing complex legal situations.
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