| Hello Lorena, Hello Carl!
My family and I have been wanting to move to Mexico(the Nayarit coast) for quite a while now. I am a single mom of two kids, whose father has absolutely nothing to do with them, and I do not know his whereabouts either.
My problem has to do with obtaining entry for my children into Mexico (preferably legal). I know I am supposed to have signed notarized permission from the children's father, but what do I do when that is impossible?
Do I need the help of an immigration lawyer, or is moving to mexico out of the question? Also, is there a way to "go around" these rules if need be - by bus into Mexico via Nogales possibly? Any answers you may have would be sooo helpful!
Much thanks Angela, yolanda & antonio.
Yes, the law is rather pesky, but to be fair, Mexico doesn't want to become a haven for parents who "kidnap" their own kids. So, don't try to sneak them in... they do check papers carefully, especially the children's.
We need an expert answer here, so I'll forward your question to a real one: Jennifer Rose, a highly qualified attorney and resident of Mexico, who generously helps us out on legal matters.
Please stand by!
People's Guide legal expert, jennifer rose:
Here is the general rule on crossing the border with children:
If a minor child is not escorted by both parents, a notarized consent from the absent parent is required. A similar consent from both parents must accompany the child traveling alone or escorted by a nonparent.
A U.S. court order authorizing the travel can substitute for an absent parent who refuses to consent or who cannot be located. If paternity has not been established, have the child's birth certificate available, showing that there is only one parent.
If the child has a passport issued in the child's own name, then consents are not necessary.
Get a passport in the child's own name, and enter using that, having a certified copy of the child's birth certificate as well.