International Travel With a Child When Parents Share Legal Rights
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 22, 2026
Legal Inquiry
Consumer Legal Issue
I am unmarried and take care of my baby 24/7 and allow father to visit whenever he wants. we have no custody case or anything or formal stuff and we agree on getting baby a passport, how would I go about traveling to a different country with the baby? would I have to ask him even if I take care of her and she lives with me?
1. the father is on the birth certificate with a VDOP signed. 2. me and the baby's father have passports, we are getting the baby's passport andw we have not talked about travel.
Attorney Answer
Yes — because there's no custody order, you and the baby's father have equal legal rights over decisions affecting her, including international travel, so his consent matters even though she lives with you full-time.
Under California Family Code § 3010, once paternity is legally established — as it is here through the signed Voluntary Declaration of Parentage — an unmarried mother and the legal father are equally entitled to custody of their child absent a court order; neither parent has default priority. Separately, passport issuance for a minor generally requires consent from both parents or a documented exception; that requirement comes from federal State Department rules, not California law.
Since it isn't clear whether he'd object to the trip, plan for either path.
What you can do:
1. If he's cooperative, get his written or notarized travel consent naming the specific trip dates and destination before applying for the passport or traveling.
2. Confirm passport requirements directly with the State Department, since both parents typically must consent or appear.
3. If he refuses or becomes unreachable, petition family court for a travel order or a custody order that addresses travel.
4. Keep records of any agreement you reach about the trip.
5. Consider having a local family law attorney help document consent properly so the trip isn't disrupted at the airport or border.
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Frequently Asked Questions
Does an unmarried mother need the father's consent to travel internationally with their child?
If paternity is legally established and there is no custody order, many states treat both parents as having equal rights, meaning the other parent's consent generally matters for international travel.
Do both parents need to consent to get a child a passport?
Generally yes — passport issuance for a minor typically requires consent from both parents or a documented exception, under federal rules.
What can a parent do if the other parent won't agree to a child's travel?
Petitioning family court for a travel order or a custody order addressing travel is generally an available option when agreement can't be reached.
