Houston, TX asked in Family Law for Texas

Q: Can i travel with my daughter who is 10 months old without her fathers permission letter? we are married/live together

i would like to take my daughter to Mexico to meet my family she does have passport but would like to know if we can go and come back without having a permission letter from my husbands

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1 Lawyer Answer

A: If the child is traveling to Mexico alone or with a third party of legal age as tourists or with a short stay for study purposes (up to 180 days), authorization or a letter of consent from their parents or guardians is required

When departing from Mexico, apart from presenting a valid passport of the minor, an authorization/consent letter granted by a notary public must be displayed, through which both parents or legal guardians give authorization of the departure of the minor from Mexico. This document must contain the means of traveling, the destination, and the date of travel. In case of having this document released abroad, it must be attested by Apostille Stamp and its Spanish translation must also be attached

On the website of Mexico’s National Institute of Migration, a form is available in Spanish language which can replace the authorization letter granted by a notary in case of being filled properly and providing the necessary documentation

If the child is traveling with only one of their custodial parents, they must have a letter of consent, preferably in English and notarized, from the other parent or signed by both parents

If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter

Parents who frequently cross the border by land with a minor must always carry a letter of permission from the absent parent or parents authorizing travel into Mexico

In summary, if the daughter is traveling with both parents, no permission letter is required. However, if she is traveling with only one parent, a letter of consent from the other parent or a copy of the custody document is required. If she is traveling with a third party of legal age, authorization or a letter of consent from both parents or legal guardians is required. Good luck to you.

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