Taking Kid out of Country...is it legal?

[nextwife]

Is there Customs and Immigration clearance when you pass into a different US state?

 

[stealth2]

Do I have to tell the father if I am going out of the state on vacation?

You'd be better off starting your own thread. But..... is that a courtesy you'd expect from the other parent?

 

[tigger22472]

Do I have to tell the father if I am going out of the state on vacation?

As stated it's best you start your own thread however, it can also depend on the wording. My decree stated that children weren't allowed to leave the jurisdiction for vistiation and vacation. Sometimes that is required, sometimes it's not. It really would depend on what judge you would end up in front of if other parent found out and decided to file something.

 

[stepmom65]

You and your X had each other's permission- the OP is asking if they can do it WITHOUT the other parent's consent.

Her wanting to take the child WITHOUT permission is very suspicious to me..I damn sure would want to know what was happening if it was my kid..
Permission or no permission, it's courtesy and the best interest of the child for all parties to be notified. Have you ever had a child taken to another state or country for an amount of time, and you didn't even know??? My current husband has, and it is not a very good feeling, especially when the X doesn't answer her cell phone, and he has no idea where the are....Oh, the X's family said "they were on vacation, they have no location or phone number..... They were, and in Mexico, via Tijanna route....

 

[LdiJ]

Her wanting to take the child WITHOUT permission is very suspicious to me..I damn sure would want to know what was happening if it was my kid..
Permission or no permission, it's courtesy and the best interest of the child for all parties to be notified. Have you ever had a child taken to another state or country for an amount of time, and you didn't even know??? My current husband has, and it is not a very good feeling, especially when the X doesn't answer her cell phone, and he has no idea where the are....Oh, the X's family said "they were on vacation, they have no location or phone number..... They were, and in Mexico, via Tijanna route....

Its not necessarily suspicious. Its not uncommon for the other parent to refuse permission for vacations outside of the country just for spite..or just because they CAN...or even out of jealousy. I have seen it happen many times. Certainly the majority of parents wouldn't do that...but it DOES happen.

 

[stepmom65]

Its not necessarily suspicious. Its not uncommon for the other parent to refuse permission for vacations outside of the country just for spite..or just because they CAN...or even out of jealousy. I have seen it happen many times. Certainly the majority of parents wouldn't do that...but it DOES happen.

This is true....Don't parents usually get some vacation time with their kids (whatever is agreed in court)? If that's the case here, as I stated before, if she can't communicate with her X, she can send a certified, delivery confirmation letter to her X, and also to her Attorney, for greater protection. She should send this a couple weeks before hand, so if the X complains there's enough time to fight it in court or through the attorney.

If this is not spelled out in court, the OP should go back and modify the papers so it addresses vacations and out of state visits....

As always, I don't know why so many people continue to want to do these type of things without attorneys. I know the $$ is pricey, but I feel it's well worth the price for peace of mind and knowing where my kids are.

 

[LdiJ]

This is true....Don't parents usually get some vacation time with their kids (whatever is agreed in court)? If that's the case here, as I stated before, if she can't communicate with her X, she can send a certified, delivery confirmation letter to her X, and also to her Attorney, for greater protection. She should send this a couple weeks before hand, so if the X complains there's enough time to fight it in court or through the attorney.

If this is not spelled out in court, the OP should go back and modify the papers so it addresses vacations and out of state visits....

As always, I don't know why so many people continue to want to do these type of things without attorneys. I know the $$ is pricey, but I feel it's well worth the price for peace of mind and knowing where my kids are.

Yes, most court orders allow for vacation time with the kids. The problem is that getting a passport...or even legally being able to take a vacation outside of the country normally requires the permission of the other parent. Its patently absurd for the other parent to refuse permission when there is no hint or chance that the vacation will turn into something more permanent than a vacation...but many parents still refuse the permission....as I mentioned previously.

I actually WAS one of those parents. I didn't refuse, but I was scared as heck. My husband at the time had a trip planned to Italy with our three year old (now 17...lol) to visit his family (I couldn't go because we owned a business together and we both couldn't be gone at the same time)....and our marriage fell apart just a couple of weeks before the trip. I almost refused permission...even though I had no reason to believe that they wouldn't come back...it was sheer panic....and I would have been justified in refusing.

However many other parents don't have the justification. Either they panic (like I did) or they are just being petty or spiteful. My point is that there is no reason to assume an ulterior motive when a poster asks that question.....because its a commonplace problem.

 

[stepmom65]

I actually WAS one of those parents. I didn't refuse, but I was scared as heck. My husband at the time had a trip planned to Italy with our three year old (now 17...lol) to visit his family (I couldn't go because we owned a business together and we both couldn't be gone at the same time)....and our marriage fell apart just a couple of weeks before the trip. I almost refused permission...even though I had no reason to believe that they wouldn't come back...it was sheer panic....and I would have been justified in refusing.
QUOTE]

I know exactly how you feel...My x wanted to take my son (5 at the time), he's 21 now.. on a deepsea fishing trip in florida....I definitely didn't want him to go, but I knew I couldn't stop him....I lost major sleep for a week, couldn't eat...my son didn't know how to swim and I kept thinking the worse was going to happen. Before he left, I kept drilling into his head, lifejacket, make sure you dad puts on your lifejacket, before you get on the boat...My son must have thought I was a nut case...that's another topic for another time.

My comment about being suspicious was because I didn't read anything in her posts about why she couldn't notify the father...What the problem there was...Did I miss something, or was she vague.... Some parents, including mothers, have power trips also and don't feel it's the dad's business....and cause more stress between kids and parents.

There's 15 threads here and she hasn't commented on any of our input..
I'm assuming it's a she...could be a he....sorry OP if I'm insulting you.

 

[stepmom65]

Hey LdiJ

Yes, most court orders allow for vacation time with the kids. The problem is that getting a passport...or even legally being able to take a vacation outside of the country normally requires the permission of the other parent. Its patently absurd for the other parent to refuse permission when there is no hint or chance that the vacation will turn into something more permanent than a vacation...but many parents still refuse the permission....as I mentioned previously.

I actually WAS one of those parents. I didn't refuse, but I was scared as heck. My husband at the time had a trip planned to Italy with our three year old (now 17...lol) to visit his family (I couldn't go because we owned a business together and we both couldn't be gone at the same time)....and our marriage fell apart just a couple of weeks before the trip. I almost refused permission...even though I had no reason to believe that they wouldn't come back...it was sheer panic....and I would have been justified in refusing.

However many other parents don't have the justification. Either they panic (like I did) or they are just being petty or spiteful. My point is that there is no reason to assume an ulterior motive when a poster asks that question.....because its a commonplace problem.

I found some of the OP's other posts (she has 3 with the same topic) and sounds like she's had issues with the dad not giving permission....Since she knows this in advance, it's to her best interest to plan way ahead, in case she has to do to court. Why send us 3 postings on the same topic??? Everyone's already told her what her choices were.....I'm even more suspicious...not of her taking the child out of the country, but her issues with the "psycho dad" as she called him in another posting...

hummmm....

 

[jslopez711]

Is there Customs and Immigration clearance when you pass into a different US state?

In the US, when you leave a border city (El Paso, Brownsville etc.) there is usually a customs and imigration check point. In the case of El Paso the check point is 100 miles away on I-10 in a small town called Van Horn. In the case of Brownsville is up the highway. They don't do much checking, just for drugs but they are there.