Understanding the Passport Notice Requirements for Divorced Parents in Indiana

Divorce brings many changes, especially for parents navigating custody and international travel with children. In Indiana, there are specific legal requirements that divorced parents must follow when applying for a child’s passport. These rules are designed to protect both parents’ rights and ensure transparency in the process.

Indiana Code § 31-17-2-24 sets out clear requirements for parents who wish to apply for a passport for their child after a divorce. The statute applies to any parent who is subject to a custody order, meaning this is relevant not just during divorce proceedings, but also for any post-divorce modifications or paternity orders.

Here’s what the law requires:

• If either parent wants to apply for a passport for the child, that parent must, at least ten days before applying, do the following:
  • File a notice of the passport application with the clerk of the court that issued the custody order.
  • Send a copy of the notice to the other parent.

The purpose of this notice is to ensure that both parents are fully informed and have an opportunity to raise any concerns with the court before a passport is issued.

Even if you have sole legal custody, Indiana law still requires you to provide notice unless both parties have agreed in writing to waive it. However, if you have a court order granting you sole legal custody, you may apply for the passport without the other parent’s consent, but you must still follow the notice procedure.

Indiana law allows both parents to jointly agree in writing to waive the notice requirement. This can be helpful for parents who have an amicable relationship and want to streamline the process.

Failure to follow the notice requirements can lead to legal complications, including potential court sanctions or challenges to the passport’s validity. The notice process gives the non-applying parent the chance to object if there are concerns about international travel or potential abduction.

To avoid problems, Indiana parents should start the process early, check their custody orders for any additional travel restrictions or consent requirements, and keep records of all notices and communications. By following the law and filing notice with the court and informing the other parent, you help ensure a transparent process and reduce the risk of legal complications.

If you have any questions relating to passport notice requirements for divorced parents, please contact McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.