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Questions Answered by Spencer Richard McMullen
1 Answer | Asked in Child Custody for Texas on
Q: What can I do if my wife is threatening to take my daughter to Mexico
Spencer Richard McMullen
Spencer Richard McMullen answered on Aug 2, 2014

Is your wife Mexican? Are you divorcing? Are there any existing custody orders? It would be best if you spoke to a local lawyer to have a custody order made ASAP with restrictions on taking the child out of the state / country (if none exists) to aid in getting the child back if your wife makes... Read more »

1 Answer | Asked in Adoption for California on
Q: If I am sending the stepparent adoption form to Mexico, can it be signed @ a court, notary???
Spencer Richard McMullen
Spencer Richard McMullen answered on Aug 2, 2014

For a valid notarized signature on documents in Mexico you have 2 options, have the person sign in front of the notary at the US Embassy or consulate or sign in front of a Mexican Notary and then get an apostille after. Sometimes the Mexican notary may want the document translated into Spanish... Read more »

1 Answer | Asked in Divorce for Washington on
Q: Can I get divorced if my husband is in Mexico and can't come here and me and my kids just moved back to wa state ?

We have been living in Mexico for the last 3 years and just moved back to wa state due to domestic violence with my husband . My husband was deported and cannot enter the u.s. And will not sign the papers. Can I get divorced? Also we've been back for 2 months, will the court here accept my case?

Spencer Richard McMullen
Spencer Richard McMullen answered on Aug 2, 2014

The court will most likely accept your case if you meet the residency time limits for your state. As far as serving the other party in Mexico, treaties between the U.S. and individual countries or international agreements such as the “Hague Convention on Service Abroad” and the... Read more »

2 Answers | Asked in Family Law for California on
Q: Can I get married in California if I was married in Mexico but separated for 10 years?

I was legally married in Mexico but have been separated for the last 10 years. Do I need to get divorce in Mexico first before I marry someone in CA?

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 31, 2014

You should strive to follow the law and get divorced properly to avoid future problems, like bigamy or where your present spouse could make a future claim to your assets if you die stating they are your current spouse and you never divorced. The reality is that nobody checks but in my practice I... Read more »

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1 Answer | Asked in Divorce for Utah on
Q: Can my spouse divorce me from Mexico while I am in Utah
Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

Yes the spouse can start the process in Mexico but to serve you properly will be a bit of a hassle and expensive due to needing a letter rogatory and having to translate the papers and follow the guidelines of the Hague Service Convention

1 Answer | Asked in Child Custody for Texas on
Q: I have two children in Mexico. They're currently with their father, he doesn't want to send them back to the U.S.

We had a verbal agreement that he would send them to me, now, he say's that will not happen. What can i do to not lose my children who are citizens of the U.S.

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

You may be able to have them sent back but depends on many circumstances such as where they were born, are they dual nationals, were you married, why did they go to Mexico, how long have they been there, etc.

1 Answer | Asked in Immigration Law on
Q: Apply Mexican working visa

I traveled Mexico with US tourist visa and left overtime about 20 days. I payed the fine and returned to my country this year and just found a job as Mandarin teacher in Mexico this week. My application of Mexican working visa will fail because I've left overtime with US tourist visa?

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

Not necessarily, you must apply at the Mexican consulate outside Mexico so at the interview you will find out if there is a problem. The employer needs to start the process for your work visa in Mexico.

1 Answer | Asked in Child Support for Texas on
Q: Can you get child support from someone that lives in Mexico?
Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

Yes you can but man in Mexico work in the informal economy so unless he gets a regular paycheck, it would be hard to levy property or garnish wages. It would be best to investigate first and then if it made sense file the suit in the US, serve him be a letter rogatory and then register the foreign... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: How do file or present divorce papers to a spouse in mexico?

Been seperated 7yrs. Presently plantiff in sc. For 7 yrs. With one child 14yrs. Old

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

You would have to have the local court send a request called a letter rogatory to the area where he is and then the court would serve him and give you a proof of service. If service is not done this way then service could be attacked at a later date.

1 Answer | Asked in Immigration Law for Texas on
Q: Im us citizen married to a minor in mexico and had a child with her in mexico how may i bring them to the united states
Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

Bringing the child may be easy, you would do a consular report of birth abroad at the US consulate in Mexico and assuming you lived the required years in the US, the child would get US citizenship and then you could take them with you (assuming mother consents). As far as the mother goes, you... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on
Q: A DR. IN MEXICO WAS JAILED FOR BEING A FAKE SURGEON W/ NO DEGREE. HE WAS INSURED. I WAS A PATIENT. WHO DO I CALL

I HAD REGRETFULL DENTAL WORK INCLUDING FAILED BONE GRAFT & 4 IMPLANTS THAT FAILED(2 HAD TO BE REMOVED THE OTHER 2 ARE SO CROOKED THEY ARE USELESS.) I JUST FOUND OUT HE WAS JAILED FOR HAVING FALSE DOCUMENTS AND BEING A FAKE ORAL SURGEON. DO I HAVE A CASE AND HOW TO I GO ABOUT THIS SINCE ITS IN... Read more »

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

You could join in the criminal complaint against him and under the new victims rights law he would need to pay you as part of his sentencing. The down side is that you would need to pay your legal fees and your recovery would be the amounts for services in Mexico so unless it is a large amount it... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: What are my rights as a worker in Mexico if I do not have a working visa but work and now can´t due to an accident

I have worked for this company for over 2 years I am American living in Mexico with my husband who is a Mexican National. I recently had an accident and broke my ankle was in the hospital 10 days had surgery and can not walk for maybe 2 months . What is the financial responsibility of my boss ? I... Read more »

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

The laws do apply to you even though you do not have work papers. If you push the issue you could get your employer to pay but just the medical bills, do not expect big settlements if it was a work injury. Getting a CURP is easy if you have an immigration document and work permission should not... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: What is the procedure for divorce in the state of Tennessee when the husband has returned to Mexico?

The wife is pregnant and the child does not belong to the husband. Can she simply run a notice in the newspaper or is it not going to be that easy? She cannot afford to hire a lawyer. Any assistance is greatly appreciated.

Spencer Richard McMullen
Spencer Richard McMullen answered on Aug 2, 2014

Please be advised that service of papers in a foreign country, especially one that is a party to international treaties between them and the U.S. or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” is different than in the... Read more »

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2 Answers | Asked in International Law for California on
Q: CAN I LEGALLY DEMAND JUSTICE FROM A MEXICAN JUDGE THAT HAS HARRASED ME AND FRAMED ME, AND ILLEGALLY ABUSE POWER, I AM US

I AM AN AMERICA CITIZEN LIVING IN MEXICO

Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

You can assert your rights through the Mexican justice system in a number of ways. You can file appeals of decisions (apelacion), file an extraordinary writ (amparo), you can also sue the judge civilly, make a complaint against them (queja), file a complaint with Human Rights (Derechos Humanos) or... Read more »

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