Can I travel to Mexico with my kids? 12 Answers as of February 14, 2014

I'm a U.S. Citizen, born in Mexico and married a U.S. Citizen. We talked about getting divorce, but we are still living together and have or accounts together. Can I travel with my kids to see our family in Mexico? What I'd he says no? We haven't seen them in 6 years. And we agreed about going before we got into a fight a decided to getting divorce. My Sister is getting Marry and my nephew baptize. I will be the Godmother.

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Unless you are under a court order you probably can.
Answer Applies to: Michigan
Replied: 2/14/2014
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Do the children have passports? A child's passport requires joint application of both parents. You may have to make application to a Court to get permission to take the trip unless you can work it out with the other parent.
Answer Applies to: New York
Replied: 2/14/2014
Law Offices of Frances Headley | Frances Headley
If you are still together, you can go. If you file for dissolution, then you will need to get a court order first. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 2/11/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Under the circumstances, it would make sense to file for a divorce, then make a motion for temporary orders and ask the court's permission to take the children to Mexico. You will have to provide the court with exact dates of leaving and coming back. Otherwise, if the father objects you will likely be stopped at the airport since you have to have written agreement from him to take the kids out of the country.
Answer Applies to: Washington
Replied: 2/11/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
You can travel provided there is no court order that says you can't. If your husband files for divorce, then there will be a preliminary injunction in place that will prevent you from traveling out of state with the children, unless you have your husband's written permission.
Answer Applies to: Arizona
Replied: 2/11/2014
    John Russo | John Russo
    Without his signing off, or a court order the answer is no.
    Answer Applies to: Rhode Island
    Replied: 2/11/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It should be okay as long as you have passports for the children and the written approval of the father. The thing is, you cannot stay there with them. They will have to come back.
    Answer Applies to: Idaho
    Replied: 2/11/2014
    LEWIS & KAPPES, P.C.
    LEWIS & KAPPES, P.C. | Dallin David Lykins
    I am sorry for your situation. If your marriage has not been dissolved yet, you are most likely not prevented from traveling to Mexico. Once there is a dissolution in process, you have to be careful about when you travel and for how long. It would be wise to consult a family law attorney.
    Answer Applies to: Indiana
    Replied: 2/11/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes, if you are a US citizen you can have no problem.
    Answer Applies to: Georgia
    Replied: 2/11/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    As long as there is no divorce case filed travel is not prohibited. The issue is whether the children have valid passports to travel and check whether the airlines allow travel with only one parent without the consent of the other.
    Answer Applies to: California
    Replied: 2/11/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You will need a notarized letter from your spouse giving permission to take the children to Mexico. And the children will need passports.
    Answer Applies to: California
    Replied: 2/11/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The children will need passports. Both parents must approve the passports or else none will be issued. If he refuses to allow the children to get passports, you will not be able to take them with you to Mexico.
    Answer Applies to: Florida
    Replied: 2/11/2014
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