Does the custodial parent require non custodial parent's permission to obtain a passport?

Answer 1

For a child? That depends entirely on state law where you reside or provisions outlined in the custody order. If the parent is obtaining a passport for the child with the intent of taking the child out of the country for any length of time, better make sure all of your i's are dotted and t's are crossed. In other words, consult an attorney.

Here are the situations where the State Department says they will accept the signature of only one parent for a passport (i.e., one parent refuses to agree):

• Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or
• Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or
• Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or
• Adoption decree (if applying parents is sole adopting parent); or
• Court order specifically permitting applying parent's or guardian's travel with the child; or
• Judicial declaration of incompetence of non-applying parent; or
• Death certificate of non-applying parent.

Answer 2

Depends if both parents have Joint Legal Custody or not. If one parent is considering taking the youth out of the country, one would tend to think the other parent should be notified.