Legal Question in Family Law in Mexico

children of seperated parents living in different countries

My husband and I are still legally married. He just finished serving almost 4 years in federal prison for re-entering the U.S. illegally and he is an exfelon. He lives in Mexico City and wants to spend time with his children who are ages 8 and 10. What do I need to do to make sure I get them back if I send them to visit. I want them to be able to go there ocasionally to visit with their father as he will never be able to enter the U.S. to visit them. But I also want to take every precaution necessary to asure that they are returned to me.


Asked on 7/28/04, 9:47 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: children of seperated parents living in different countries

Once you allow your children to leave the country there is virtually no way to guarantee their return. Your husband could keep the children and you would not be able to do much of anything about it. Even if you went to Mexico with the children, there is no way to guarantee that you would return with the children. Since you are still married, you have no more legal right to the children than your husband.

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Answered on 7/28/04, 11:22 pm


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