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Do I need anything aside from my sons passport to leave the country if we arent divorced yet?

California |
Filed under: Divorce

My husband recently left me and I'm positive that we will be getting a divorce. I would like to go to Mexico for a while with our 18 month old son. We have a lot of family there and really need to be with them after all that has happened. All my husband cares about is having our son revolve around his own schedule and needs so he wants us to stay. Do I have to have anything signed by him? We havent even filed for divorce yet.

Attorney Answers 1

  1. It is VERY important at this time that you do NOT leave the country without specific written consent of your husband. You should even consider getting a notarized signature agreement from him, and keep a copy of that written agreement with you at all time as well as your son's passport, while you are in Mexico. We are all aware of how vigorously law enforcement pursues "AMBER ALERTS" here in California. That would be my concern. Even if you tell him, and he agrees verbally, he could later change his mind and report you and the child MISSING. Do not risk this. Also, once a dissolution of marriage case is filed, you will not be permtted to leave the state without the written permission of the child's father or a court order. So, be on the safe side, get his permission in a clear written document before you go anywhere.

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