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Divorced Parent


babets

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Hi, my sis-n-law is divorced and was reading how she will need a certified letter from the other parent of her children. She has full custody of her children, does she still need to get a certified letter in order for them to leave the country? Thank you

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We have this question come up ALL the time in our office...

 

when you say your sister has "full custody", does she have a certified, legal court document stating she is the sole custodial parent and makes all decisions regarding the children, with no input from their father? (Basically, termination of the dad's parental rights.)

 

If so, then she only needs to take the certified court document.

 

If her ex has any visitation rights, pays support, etc...then she probably does not have "full custody" as required to travel intenationally with the kids. If getting a letter from the ex would be a problem, she could always ask the court for an order granting her permission to take them on the trip.

 

I know that it is a hassle to get this stuff together, but it is in place to prevent children from being taken out of the US to circumvent custody orders.

 

Also, if she is traveling to Mexico, she needs the document in English and Spanish.

 

Hope this helps!

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I too have full custody of my three daughters. and yes, full custody is full custody even if they have to pay child support. Even invisible parents have to pay child support. You might want to carry your court order to prove full custody. My ex has visitation rights and has to pay support. but has no legal say in any decisions concerning them unless I am dead! (which he may wish-I don't know!) So go ahead and enoy the trip. My parents too my oldest to Mexico last year with just a signed letter from giving them permission to have her and treat her in an emergency. They never had to show the letter. Also she carried her own passport. Hope this helps.

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The issue of having full custody or having legal papers may not be relevent to this discussion. The cruise lines and the airlines are abiding by regulations of the various foreign countries which you may be visiting. These countries have no obligation to follow the laws of the United States or the Courts of the United States. In many cases, even if you have full custody or a court order, that may not be enough depending on where you are visiting. The best advice is to contact your cruise line, airline and get something in writing from them.

 

Also, below is a good web site for info.

 

http://www.singleparenttravel.net/index.htm

 

Don

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We just traveled on NCL last week. I am remarried with a DD from my first marriage. I brought along a certified letter signed by my-ex. We were never even asked for the letter when we checked in at the pier. As long as you have the signed, notorized letter from your ex, you will have no problems. Sometimes getting the court to give you permission can be costly and I have heard of courts turning down requests. Your divorce decree is not good enough because you are taking the kids to foreign lands.

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We've cruised several times and taken my nephew (with a different last name) and my niece always takes a friend from school. While we bring a notarized letter from the parent granting permission for travel/medical decisions, we too have never been asked to produce any proof.

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While those of you who never had to show your notes are lucky, there's always a time when someone just might ask for documentation and then what would you do if you didn't have it? You would be refused boarding. It's always best to have all the ducks in a row for things like this, be prepared for everything and thank the heavens if you're not asked for anything. As for the full custody issue, unless the parent has legally terminated all parental rights, the issue of full custody is moot. You have to have documentation of termination of parental rights regardless of the full custody issue or not. Foreign countries do not recognize US laws and when you travel to those countries you are bound by their laws. Mexico is getting very sticky with things like this.

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I never said don't bother getting the letter. I just stated that even though it is required, I was never asked for it. I was actually bothered by this. What is some parent was illegally taking a child out of the country? I even take one when we go out of state, that way nothing can be said. You especially need the letter for non-immediate family members incase of a medical emergency.

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As long as your sister-in-law's divorce decree says she has FULL LEGAL CUSTODY she should be fine to travel without the other parent's consent. If she only has FULL PHYSICAL CUSTODY, then she should get the notarized statement. LEGAL CUSTODY determines who has the right to make all decisions (educational, medical, travel, etc.) for the child. PHYSICAL CUSTODY only determines who the child lives with.

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As long as your sister-in-law's divorce decree says she has FULL LEGAL CUSTODY she should be fine to travel without the other parent's consent. If she only has FULL PHYSICAL CUSTODY, then she should get the notarized statement. LEGAL CUSTODY determines who has the right to make all decisions (educational, medical, travel, etc.) for the child. PHYSICAL CUSTODY only determines who the child lives with.

 

 

Please read some of the other posts as your posting above may not be correct. As stated in other posts these are laws of foreign countries who have no obligation to follow the laws or courts of the US. Legal vs. Physical custody does not really matter and as stated earlier all it takes is once.

 

Don

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Yes, you are correct that every country has differing laws and that they do not have to accept a U.S. court order. I assumed (perhaps wrongly) that she was talking about traveling on a cruiseship from the U.S. to a foreign port. For this a court order granting full legal custody will suffice in place of a notarized statement for all of the common itineraries (Mexico, Caribbean, etc.).

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luv2cruise99, what you are saying is not at all true. My cousin, who's divorced, and has full "legal" custody of her two boys, had to produce a letter from her ex granting permission for her to take the boys out of the US when she cruised to Mexico. Princess asked for this permission letter even though she had the court order granting full legal custody. Mexico has become incredibly strict because there are so many US citizens fleeing to Mexico and illegally taking their kids from the true custodial parent.

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kitty9, if Princess personnel required your cousin to have this document than they did so in error. Mexico does allow custody documents to be substituted for a notarized letter. Some cruiseline personnel do not fully understand the requirements and will state that a notarized letter is the only acceptable documentation, but this is simply not true and asking to see a supervisor (and perhaps showing them full copies of the websites quoted below) may sometimes be necessary. Certainly it is easier to have the letter if you can obtain one, but for many divorced parents this is simply not possible and with persistence the court documentation will work just fine.

 

From the Mexican Consulate website as quoted by singleparenttravel.net:

http://www.singleparenttravel.net/Writing/Documentation/EntryRequirementsbyDestination.htm

 

"Minors (individuals under the age of 18) traveling alone, with only one parent or with someone other than his/her parents must have a notarized letter of consent, signed by both parents or the absent parent. If parents are divorced, a Parental Custody document is permissible in lieu of notarized letter."

 

From the website of the U.S. Embassy in Mexico:

http://www.usembassy-mexico.gov/eacs.html#ENTRY

 

"If a minor child is traveling with only one parent, the absent parent should provide notarized consent. If only one parent has legal custody, that parent should be prepared to provide such evidence to airlines and Mexican authorities. In cases in which a minor child is traveling to Mexico alone or in someone else's company, both parents (or the sole, documented custodial parent) should provide notarized consent."

 

From Princess' website:

http://www.princess.com/onboard/answer/ready.html

 

"Children accompanied by only one parent must present a notarized written consent letter signed by the other parent, unless sole legal custody has been granted. In the case of divorce, adoption or other circumstances, the parent or legal guardian is required to present proof of sole legal custody of the child."

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  • 3 months later...

I travel quite frequently with my son and have a notorized letter from my ex-husband. Although I have never been asked for the letter. I was with my girlfriend once and an airline asked her if she had permission from the childs father to travel with him outside the country. My ex-husband gives me a letter which is valid for one year. I would hate to get caught without it, because there would go my vacation. My advice get the letter and put a time stipulation on if it makes your ex feel better.

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  • 2 weeks later...

Does anyone know what the laws are for Jamaica and Grand Cayman? I didn't bring anything when we all went to the Bahama's but now that I've read this thread I'd rather be safe than sorry. I'll have my ex write up a note and have it notarized just in case!

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I think you should bring one just to be safe.....I bring one everytime and I have Full Custody of my son. That does not mean anything tho......I have been out of the country 20 + times with my son and new hubby and im telling you it all depends on how is taking your info. I have had to show half and half...Its better to be safe then sorry. I would much rather have them ask to see it...it would make me feel more safe knowing that his dad could not just take him outta the country without my say so!!!!!

 

Jayme

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  • 4 weeks later...
  • 1 year later...

Just as a heads up my girlfriend was traveling with her son to Mexico without her husband (no divorce). The airlines denied her boarding until she could produce a notorized letter allowing her to take her son out of the US. (This was about the 7 time she had done this as they have a condo in Cabo) She missed her flight and it was a reall hassle. Why not be prepared.

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I have been reading the posts about the documentation for single parents. I am a single mom and my name is the only name on my daughter's birth certificate and I also have a passport. Do I need anything else? I don't know what else I could possible get

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