Hey all. My husband's ex-wife is wanting to take their 9 year old daughter to Mexico for her wedding. His daughter does not really want to go and he does not want to grant permission for her to get a passport.
My question is this...what steps do we need to take in order to keep her from taking their child out of the country? And what are the chances that my husband will be forced to allow her to go with her mom? She has threatened to go to court and we want to be prepared for anything that might come our way.
His ex-wife is beyond childish and very very selfish. She is not concerned about her child's safety and my husband is. His will only be with her for two days out of seven and he is concerned about who will or will not be with his daughter.
Any help is greatly appreciated.
Passport Regulations for Minors
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The following website from the U.S. Department of State should answer your questions about application for a passport for a minor.
http://travel.state.gov/passport/get/minors/minors_834.html#step7minor
Sorry - this is not a passport issue. This is a child custody issue - and your husband should consult his attorney.
(If this is short-term trip the court is likely to give the mother the right to take the child with her to her wedding - if there is some concern about the woman moving to mexico and not bringing the child back, then the ruling may well be different. But I am not an attorney and that is what your husband needs.)
NYtraveler has it on point. YOu should be asking the court with custody jurisdiction this question. Get your lawyer, not a travel board.
It doesn't seem overly selfish to me that a mother wants her 9 year old daughter at her wedding.
US families vacation in Mexico frequently, so that doesn't seem odd to me, either.
I can imagine your DH's ex posting somewhere about how obstructionist and difficult he's being by trying to prevent this trip.
Both birth parents must give permission
for any child to go abroad... travel.state.gov
Simply refuse to sign permission papars that's it.
and stick to your guns she cannot legally go.
You do not need an attorney just determination.
travel.state.gov Mexico many issues there stick to your guns
No way can he be forced legally to fo this.
I am not a lawyer.
This is not legal advice.
However, he needs a lawyer right away. If he cannot afford a lawyer, he should go to legal services Monday morning.
Unless qwovadis is a lawyer licensed to practice in your jurisdiction, his advice is not relevant, even if it is correct.
Without knowing the specifics of the OP's custody arrangement, none of us can know what passport requirements apply, Quo, so your respnse may not be accurate.
I suspect the child's mother has already called her lawyer. I would have mine on speed dial if my ex was this unreasonable. And a good child psychologist.
Is OP concerned about the child being held in Mexico?
I agree, get a lawyer on this.
Given the scenario presented, I would not let my child out of the country with an ex.
Not being in this situation, I am only speaking hypothetically, but I would think it would be important for the kid to attend her mother's wedding. Can dad and step-mom go too? Not to attend the wedding, but to be with the daughter.
Get thee to the attorney! Pronto!
Not knowing all the facts but on the face of it it would appear reasonable for a mother to want her daughter at her wedding.
I have trouble understanding why anyone would even post a question like this on a travel forum.
This is a LEGAL issue....not a travel issue.
I also notice the OP has not been back and this is their only post.
Troll perhaps??????
Or perhaps someone getting answers that they don't want.
Who's being childish?... you and babydaddy!!! Waaaaahhhhh
Stop using the kid to punish the mother....
When one parent takes their child to another country, they need a passport for the child and a notarized letter from the other parent giving permission for the child to travel out of the US with the one parent. My son-in-law had to do this when he & my granddaughter went to Mexico this year.
Whether you need permission from the other parent depends on the custody terms. If there is a shared/joint custody arrangement, you will need permission.
I have sole legal and physical custody of my daughter. I did not need permission from my ex to get her passport or to travel internationally, though every time I renew the passport I have to provide a copy of the documents from the court that state the custody arrangement. When I travel out of the country with her I also bring a copy of the documents in case I'm asked.
Nevertheless, the OP needs to contact an attorney.
On another note, I don't think it's outrageous for the father to be concerned about his daughter's safety on a trip to Mexico, given the situation in certain areas. However, it depends on where in Mexico they would be going. And it is not selfish of the girl's mother to want her there at her wedding.
Without knowing more about the specific circumstances - both of the proposed trip and the custody arrangements - we are all just guessing.
Only the OPs attorney can tell them their rights and options.