Monday, May 10, 2010

Can a custodial parent (mom) cross the Mexico border without the non custodial parents (dad) knowledge?

Does she have to have my permission? Are there documents that need my signature?Can a custodial parent (mom) cross the Mexico border without the non custodial parents (dad) knowledge?
Usually there is a condition in the divorce decree or visitation orders that prohibits the custodial parent from taking the children out-of-state without notifying the court and non-custodial parent. I would thoroughly read your court papers then seek the advice of your attorney immediately. Most of the time, permission of the non-custodial parent is not required (although permission of the court may be), but it would be your right to at least know where they are.Can a custodial parent (mom) cross the Mexico border without the non custodial parents (dad) knowledge?
Legally I am not sure but Mexico actually takes their borders pretty seriously and they may deny entry to the mother and child without the father being present, it's not unheard of. Mexico also deports people in an expedient manner, overstay your visa and if caught you will be on your way home soon. They don't worry near as much about people leaving Mexico as they do those wishing to enter unlawfully. I suggest asking the Mexican consulate nearest you to be sure.
No, international law states that both parents share responsibility for the child regardless. It is illegal in all countries.
I am assuming you mean with the kid(s).





If there is a formal custodial agreement, then yes, she can take the kids to Mexico without your permission. If you have joint custody, then that may change the situation. It really depends on the details of your custodial arrangement.





I am linking you to an excellent site with information about this topic.
it really depends if she has full legal custody and he has no visitation (this is rare) then yes, if she is planning to move there then i think she must notify the father, it really depends how the court papers are witten out. if there are no court papers then no she must first notify the father, if she plans to visit or move.





if he has visitation of any kind, even if it won't be interfeared with (like if he had saturday and sunday, and mom would be there on the other days only m-f) she must notify the father.


this is usally spelled out very clearly in court documents. if you are unsure, most courts have self help family law (and civil law) help desks, that can help you file or understand court documents or help you find out if it is leagal to do so or not, as to what is written in your order after hearing.





if the father is to have no contact with the child or mother then no she would not have to notify him. (this is if a retraining/no contact order is in place and the vacation will happen during that time,





if it is a move, be it temporary or permanent it is best to file with the court, and get a hearing that would allow you to do so. moving out of country or state is not taken lightly and the court would have to weigh both sides and what is in the best intrest of the child, then find a way to ahev some type of visitaion with the other parent even if it is just a week at christams (or other holiday) in other words be prepared for a fight if you plan to move out of the country.





heck cover your backside and file with the court if you plan to take a vacation, out if the country (even if only a day or two and doesn't interfire with the fathers visitation.





if you are the father in this case, go to the court and file to have the vacation or move delayed to have your time in court more then likely if it is a vacation you will get your time back, if you have lost any visitation and a round trip ticket if mom was to not return for you to retrive the child (this is usally money that is out aside by the mom (or vacationing parent) for the other parent in case they decided to not comeback when they are supposed to. if it is a permanent move, then the best you can do is contest it. and hope that the two of you can come to a resolution.





unfortunatley if a woman goes to get a ticket to fly to mexico, she is not always questioned. my exhusband once set up a trip to mexico, i went with his sister. when we got to the counter i handed in my luggage and tickect to get my boarding pass he had already signed a paper for permission for me to leave the US, they didn't ask, but when i handed it to them they actually said oh, whaat's this read it and said oh okay and handed it back to me. i probibly would not have been asked for it and this was just about 4 years ago.
Probably yes.





If the decree does not state any boundaries, the parent can take the child anywhere without restrictions during his/her visitiation time.
It all depends on the FINAL decree/outcome of the Divorce.


My Brother had a Claus that the Custodial mother (ex-wife) couldn't EVEN TAKE MY NEPHEW Out of the State!


He eventually won FULL Custody of my Nephew....Problem solved!
I am not from the U.S., but I believe that leaving any country without the other parent's permission is illegal. Your government should have a standard authorization form that needs to be filled and signed in such situations (e.g. holidays).

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