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 06:55:29 · 23 answers · asked by tays232003 3 in Politics & Government ➔ Immigration
If your son has a passport, yes, she can take him. If he doesn't, then no, because you would be required to apply in person, together with your wife, and you can simply refuse to do it.
And no, it would not be kidnapping, because she is his mother. If you get divorced, sue her for custody and win, and then she takes him - THAT indeed would be kidnapping.
2006-09-22 06:59:13 · answer #1 · answered by n0body 4 · 3⤊ 1⤋
Why wait around for her to take your son away from you.Yes there are ways for her to take your son to Mexico with out your permission.You should pack you and your sons things and leave at once.International child abduction happens all the time.Anyone who tells you this cant happen doesn't know what they are talking about.If you want to keep your son in your life you need to first secretly record her threatening to leave the country with your child and get a good lawyer.Second pack you and your sons bags and go into hiding immediately.Tell your lawyer she is an illegal immigrant.This may seem harsh but the fact is she is willing to hurt you in the ultimate way and not think twice about it.Do you and your son a favor and get away from her if not one day you will walk into your worst nightmare and there wont be anything that you can do.
2006-09-22 14:38:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you want to go the legal route, take her to court first, before she leaves. The first person to file in children's cases are usually better off. However, know that this won't stop her from leaving and illegally taking him if thats what she really wants to do. You'll have to ask a lawyer if she can take him without your permission, but I think that she can because you two have not been to court yet which means you both could make any decision you want and legally there is nothing the other one can do until you go to court and one of you ends up with custody. Then, that person is the one most likely to get their way. Hurry, before she beats you to it!
2006-09-22 07:07:01 · answer #3 · answered by ANGELa 3 · 0⤊ 0⤋
Lisen to me, she is here illigally and her citizenship is no mexico, the child has duo citizenship. yes she can take your son, and that crap about a passport is garbage until Jan,1, 2007 unless they postpone it again, you can go to mexico without a passport until then.
Your best bet is, if you want out of this marriage and you are prepared to raise your son is to leave with him and then file for custody and a divorce. Let her know that if she contests this arrangement and If she shows up in court, you can let them know she is illegal and I will be willing to bet that she does not leave the courthouse.
Remember that she has no rights in this country, you and your son do. What ever you do, do not threaten her with this until you have taken your son to a secure place, because she will surly run back with him and you will never see him again because you have no rights in that country. You also will not be able to allow her unsupervised visits if she has threatened this, because again once she hits the border it is all over for you.
2006-09-22 07:53:37 · answer #4 · answered by Joy 5 · 0⤊ 0⤋
She would be able to leave the country with your son if he has a passport but entering another country is a different story. Many countries require a notarized letter signed by the other nontraveling parent giving permission for the traveling parent to bring him to that country. Nowadays because of all the problems between parents and kidnappings other countries are becoming stricter with their immigrations laws. Of course, you never know what country she will be traveling to and if they apply this strict policy.
2006-09-22 07:08:55 · answer #5 · answered by barbarina 1 · 0⤊ 0⤋
Yes she can and it happens all the time. Just get in a car and drive away, they don`t check at all out going here in AZ unless they are alerted to something. I go across all the time. Make sure you have the kids passport. You don`t need it to get into Mexico but gives you advantage at the US Embassy and with Mexican authorities. Once a passport is issued it can`t be issued again. Get him one and put it in a safety deposit box along with the birth cert. Besides you`ll need it to make it easier to return to the US. The US border patrol will not let you cross back with a baby without paper work and a lot of questions. A dad alone with a baby in Mexico runs up red flags at the border. A passport is a free pass. Remember The Mexican border is not the only way to get to Mexico. My Mexican sister in law came here across the Canadian border near White Rock WA. Don`t count on an Airlines to guard your kid from kidnapping.
Know how to use Amber Alert and make sure they understand she is headed across the border.. If your kid is 8 or more get him a Verizon Omiga cell phone ( It is programmable for 4 one touch out going numbers only and 911). It has GPS but dont tell him or Mom that it does. If you separate get a court order to prevent her from crossing state lines with the children. This won`t prevent it but puts her in trouble and gives you more legal powers if she does. Pay your spousal support or child support Judges like men who do..You keep your nose clean let her screw up.
Oh yes get DNA lifeprint kit. it provides digital photo, video and DNA id.
You won`t need any of this hopefully but better safe than sorry.
All the cards are in your favor as she is illegal here get a lawyer and get the kid in your custody. Remember she can be the worst person in the world but the Judge will still give her weekends until the divorce is final. Mine got weekends. Then after she abducted one she still got 24 hours every other week. Thats when you sweat bullets. Mine took off with one of them (took him to her house thankfully not across the border) but wouldn`t return him. It took a month of Lawyers talking to lawyers and a judge and a Sheriff, to get him back. This was in Arizona.
2006-09-22 07:19:43 · answer #6 · answered by Gone Rogue 7 · 1⤊ 0⤋
No. Airlines require written permission from the parent not traveling with the parent. This also needs to be notarized. Don't let her threaten you with this If she does take him, and somehow she gets away with it, crossing at the boarder by car, etc. that is kidnapping and the FBI then gets involved. She becomes a felon!
2006-09-22 07:21:49 · answer #7 · answered by proud mom ♥ 4 · 0⤊ 0⤋
It would all depend on the terms of the custody agreement. I think that has to be worked in. I don't think she can just take him without the court's okay - regardless of if she is the primary guardian or not.
Speak to a lawyer just in case. If she can't, I would start making some arrangements. If she gets him over the border, that will be that. . .
2006-09-22 07:00:45 · answer #8 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
No she cannot, i don't know who on here is saying she can just fly off forever with your son because she is mother.
That would not fly in a court.
Please try and keep it legal as long as you can.
Women think having a vag.ina means they can do whatever the hell they want these days. If it becomes necessary to take drastic measures, make sure to cover your bases.
2006-09-22 07:04:06 · answer #9 · answered by Anonymous · 4⤊ 1⤋
get the divorce , she cant kidnap a citizen,call immigration to come and take your "wife' back and show them yours and your sons S.S cards . Any judge will grant you sole custody over abandonment
good luck
2006-09-22 07:12:31 · answer #10 · answered by Kitten,Doc 6 · 0⤊ 0⤋