Can my wife take our son to mexico without my permission? She threatens me with this if we were to split up. Instead of going to court for custody she says she will just move back to mexico and if i want to see my son I can fly there to visit. I want to go the legal route with this but not sure what to do if she decides to just take off. Things are really rocky bad between us right now and its headed for a divorce. How can I protect my son from being taken out of this country. He and I are legal citizens here she is not (yeah, I know i should have been more careful). Anyways my son is the most important thing here. Any advice would be helpfull.
2006-09-22 06:53:44 · 18 answers · asked by tays232003 3 in Politics & Government ➔ Law & Ethics
I would talk to a lawyer as soon as possible. If she has joint custody (same as when you are married), she could take the child out of the country without your permission. The courts in Mexico can make it difficult to uphold custody especially between and Mexican and non-Mexican parent, so you would want to address any possibility of her leaving the country with your child before it happens. While she would lose custody in the American courts for leaving the country long term and breaching your custody rights - again it is very hard to fight once she has left the country.
Take the preemptive strike and go to a lawyer, it will save you a lot of worry in the long run.
2006-09-22 07:09:51 · answer #1 · answered by New Mrs. O! 2 · 0⤊ 0⤋
I had the same problem, but I am Canadian, and my wife wanted to take my son to the US and I talked with my female cousin who was a lawyer at the time...she proved absolutely useless, but she did say there were certain things which could have prevented it....but if you guys split up, and she gets sole custody, she can take the kid for sure....you need to get a lawyer to define what reasonable access is. If you live in San Diego, and she moves to Tijuana, then that access is reasonable.....but if you live in New York and she lives 300 miles south of Mexico City,
That is not reasonable....my advise....bite the bullet...be nice to her and get some good legal advise in the meantime....try to learn as much as you can without paying a lawyer....Good luck....try to emphasize the benefit to her if her son or daughter has a father like you who cares....it means allot....no doubt her family in Mexico have an influence on her.....cut off her money supply so she's not so free to travel....
Maybe that is just her way to prevent you from leaving her, threatening to take the kid.
2006-09-22 07:20:29 · answer #2 · answered by cbmaclean 4 · 0⤊ 0⤋
No, she can't take him out of the country. If he is a minor, chances are that he will not even been let on the plane without a signed and notarized statement from you authorizing her. If you are concerned with custody issues, you should hire and lawyer and go to court right away. There may be a way to ask the court to take away her passport and her son's passport, so that they cannot leave the country - or give you temporary custody while the issue is pending. If she left with your son, without your permission, that would be kidnapping and you could have her thrown in jail.
In the meantime, I would alert the school and neighbors, etc. about what is going on - so that if it looks like she is trying to flee (like packing a big suitcase with your son, etc.) they will know to call the people asap. You can maybe talk to your son's school and tell them that your wife is no longer authorized to pick him up, due to these recent issues, etc.
2006-09-22 06:58:10 · answer #3 · answered by Anonymous · 0⤊ 1⤋
As long as you both have legal custody (which is worked in court upon your divorce)...she cannot do it legally, however...she can still do it illegally. If I were YOU? Even though you are not divorced (as of yet) I would see an attorney NOW and tell him/her what she has been threatening and see if there are any measures now that you can take because of her threats. Laws concerning this can be somewhat different from state to state so you must check this out with an attorney. If you cannot afford the advice of an attorney - seek out the advice of Legal Aide in your area. Good luck to you! ...and act NOW.
2006-09-22 07:04:43 · answer #4 · answered by svmainus 7 · 0⤊ 0⤋
Legally she CANNOT take him without permission. When my son went to Mexico with his father and I stayed here I had to sign a paper and have it notarized giving permission for him to go. He actually got pulled over driving in Mexico and had to show these papers. Only 1 problem, if she manages to get him to Mexico you will have a HUGE problem getting him back. Local enforcement agencies will not get involved and if you try to go to Mexico and get him you are under their jurisdiction and they don't always follow what the law has said here. If you really want your son, and he's better off with you, and you're not doing this to spite your wife you need to go immediately and file for sole custody.
2006-09-22 08:59:37 · answer #5 · answered by kathy p 3 · 0⤊ 0⤋
In theory, she cannot.
However, airlines almost never ask for proof that they have permission from the other parent when a parent is traveling with their child. In fact, my daughter has traveled overseas with my parents several times and they have never been asked for paperwork to prove they have permission.
If you are really concerned about this (such as, you believe she is attempting to move to another country specifically to impede your rights as a parent), make sure your wife knows that you do not give your permission. If she does not change her plans or otherwise convince you to give permission, contact a family lawyer.
2006-09-22 07:11:52 · answer #6 · answered by Wundt 7 · 0⤊ 0⤋
No. Unless a judge has put a custody or _patria potestas_ restriction on you (in the written form!). If she does so, she is commiting kidnap, abduction or whatever your laws call it, and you can recurse to tribunals and to Interpol to have your kid back.
Any woman (or man, given the case) with a child must be stopped in entry points to countries or international vehicles to verify there's written authorization from the other parent, or if there's no other parent, BTW... So watch your back and be careful with any paper she brings you to sign up.
2006-09-22 07:03:58 · answer #7 · answered by tlahtopil 4 · 0⤊ 0⤋
There are ways to do it. But you must speak to a divorce lawyer familar with international custody issues. Document thru witnesses & possibly recordings (make sure they're legal) her threats to flee to Mex. Be prepared to spend a lot & move quickly.
2006-09-22 07:22:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You need to do 2 things.
1. Put your child FIRST, no matter if you are right or wrong.
2. Fix the problems with your marriage peacefully.
Your wife will hopefully do what is right for your child.
I promise you, divorce is far worse for your child than you. and Divorce is far worse than staying married, unless abuse or neglict is involved.
2006-09-22 08:05:08 · answer #9 · answered by Anonymous · 0⤊ 1⤋
get a video tape of her threatening to do this and get a lawyer get your divorce and pray that the judge gives you full custidy with only supervised visitation with her and pray good luck
2006-09-22 07:28:58 · answer #10 · answered by prissymiss1968 2 · 0⤊ 0⤋