Posted by jennifer j. rose on July 25, 1997
Mexico has strange laws about minor children and when you go back to the US, you might have trouble crossing with your child IF YOU DO NOT HAVE WRITTEN NOTARIZED PERMISSION from the father.
Here is the general rule on crossing the border with children:
If a minor child is not escorted by both parents, a notarized consent from the absent parent is required. A similar consent from both parents must accompany the child traveling along or escorted by a nonparent. A U.S. court order authorizing the travel can substitute for an absent parent who refuses to consent or who cannot be located. If paternity has not been established, have the child’s birth certificate available, showing that there is only one parent. If the child has a passport issued in the child’s own name, then consents are not necessary.
When both parents are contemplating spending an extended time in Mexico, under a tourist card, I recommend that each parent execute a consent granting the other the right to travel with the child, simply to avert problems should either opt to make a trip northward with the child, unaccompanied by the other.
You have also asked whether you and your daughter can obtain permanent residency in Mexico, based upon your marriage to a Mexican citizen. In an ordinary circumstance, where the Mexican spouse was still in the picture, the answer would be easy. Yours is much different, because your Mexican husband has been out of the picture. You indicate that you’ve not seen him since the first year of the marriage. Whether he’s taken a powder or remains actively involved in the child’s life, i.e. contributing to the child’s support, remains unanswered. If you can locate him, and he’s cooperative, the process will be much easier.
Come to Mexico as a tourist and test the waters before making a firm decision about residency. Whether you locate your husband and what you find when and if you do re-establish contact will establish the direction you wish to take.
This is not intended to be legal advice, and no attorney-client relationship is established by this reply.
