Traveling to Mexico

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

Traveling to Mexico

Unread postby boxinabag » Thu Dec 22, 2016 10:31 am

Hi, I am taking my son to Mexico next year and wanted to make sure i know exactly what I am going to run into when I go. We are applying for his passport this week.

I have been divorced since April 2015, then court order ammended in sept 2015. When it comes to my son the order has three lines that say the following:

- there is one child (name and info) born of this marriage.
- custody of minor child shall be with husband/father.
- wife/mother shall have < parenting time > as agreed upon by the parties.

The mother has not been involved in his life (literally no comms since april2015). She also has not paid child support (however the amended agreement does not mention child support, so i dont think she is obligated to).

Will this record be all that i need to get a passport and to board the plane when that time comes?

Thanks
boxinabag
50+ Posts
 
Posts: 52
Joined: Tue Aug 09, 2011 3:25 pm

Re: Traveling to Mexico

Unread postby TXDaddy1 » Thu Dec 22, 2016 10:49 am

I had to provide the orders at the time of passport application. Once we had the passport, I didn't need to orders to board the cruise ship with my daughter.
TXDaddy1
50+ Posts
 
Posts: 95
Joined: Fri Dec 02, 2016 8:36 pm

Re: Traveling to Mexico

Unread postby BartSimpson » Thu Dec 22, 2016 10:52 am

Will the mother sign the passport application? It's required.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25625
Joined: Thu Jan 24, 2008 8:50 pm

Re: Traveling to Mexico

Unread postby boxinabag » Thu Dec 22, 2016 10:57 am

The mother has not been in contact and we do not know where she lives, last we heard she was in california. Why is it required? From what I understand the order is that i have legal custody, so she should not be needed. Or am I misunderstanding this order?

Thanks
boxinabag
50+ Posts
 
Posts: 52
Joined: Tue Aug 09, 2011 3:25 pm

Re: Traveling to Mexico

Unread postby TXDaddy1 » Thu Dec 22, 2016 11:00 am

I was in the same boat. Nobody knows where the mother is. I was able to secure the passport with just the orders. Her signature was not required.
TXDaddy1
50+ Posts
 
Posts: 95
Joined: Fri Dec 02, 2016 8:36 pm

Re: Traveling to Mexico

Unread postby boxinabag » Thu Dec 22, 2016 11:19 am

Thanks TXDaddy1,

Perhaps you or Bart coukd step in, my order is a sole custody order correct? My attorney said it was so I just want to make sure I don't need to go back to court for anything.

Thanks guys.
boxinabag
50+ Posts
 
Posts: 52
Joined: Tue Aug 09, 2011 3:25 pm

Re: Traveling to Mexico

Unread postby BartSimpson » Thu Dec 22, 2016 11:31 am

I didn't see the word "sole" custody in your orders. I saw where the mother was granted parenting time which is inherent to her having an element of custody.

I am sure the State Department has ample information directly related to this issue on it's website. It has been a frequent topic here in the past, and the other parent's signature is required or an affidavit of circumstances where the other parent is not available. If it was as easy as sending in your orders, I think I should remember that.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25625
Joined: Thu Jan 24, 2008 8:50 pm

Re: Traveling to Mexico

Unread postby hoosier_dad » Thu Dec 22, 2016 11:33 am

If you have sole legal custody:

You must submit evidence of this with the application. Examples include:
- Complete court order granting you sole legal custody of the child, such as a divorce decree or other custody order
- Complete court order specifically permitting you to apply for your child’s passport (photocopy is acceptable)
- Certified copy of the child's birth certificate listing you as the only parent
- Certified copy of an adoption decree listing you as the only parent
- Certified copy of the judicial declaration of incompetence of the parent that cannot appear in person
- Certified copy of the death certificate of the parent that cannot appear in person


https://travel.state.gov/content/passpo ... er-16.html
User avatar
hoosier_dad
Moderator
 
Posts: 4726
Joined: Fri Jan 22, 2010 10:02 am

Re: Traveling to Mexico

Unread postby minuette » Thu Dec 22, 2016 7:50 pm

When I applied for the kids' passports in August 2014, I had to submit their father's death certificate in lieu of his signature. Signature (possibly notarized; I vaguely remember her father's notarized sig being required when D21 applied for a passport at age 15) or certified proof of exception (no copies; the application processor will make the copy needed) will be required.

OP: When you say "your attorney", do you mean an attorney admitted to the bar of the state in which you were divorced, or a legal services firm which completes paperwork but does not represent you in court or provide specific advice to you?

Because, frankly, if that is the exact wording of the relevant section regarding legal and physical custody and < parenting time >, I am worried about how durable the order is to court challenge.

Could you please let us know the state? Passports are a federal issue (Hoosier's post covers the specific issue), but "disappeared" does not always equal "stays gone".
User avatar
minuette
1K+ Posts
 
Posts: 2661
Joined: Thu Nov 11, 2010 10:18 pm
Location: My back deck, usually

Re: Traveling to Mexico

Unread postby Trevor » Fri Dec 23, 2016 11:05 am

Amended orders usually impact only the relevant sections of the original. If CS was ordered originally, it still stands, unless directly modified by the courts.
"Personal density is directly proportional to temporal bandwidth."
Trevor
Moderator
 
Posts: 23130
Joined: Mon Jan 31, 2005 8:55 pm

Next

Return to After The Divorce is Final – Moving On

Who is online

Users browsing this forum: hoot74, JimRockford, Tom Kirkpatrick, Yahoo [Bot] and 9 guests