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RockyConrad
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Reged: 01/25/08
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Taking child out of country
      #186688 - 03/14/08 10:15 AM (216.228.174.10)
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Is Puerto Rico considered "out of the country"? I just found out that my ex is taking my daughter to Puerto Rico, TODAY, and has not even mentioned it to me.

Does she need to have a consent form signed by me?

Thanks for your help.


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kota1967
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Re: Taking child out of country [Re: RockyConrad]
      #186691 - 03/14/08 10:22 AM (66.203.88.66)
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My divorce decree states that a note is required to go out of the state and a notarized one to go out of the country....what does your say???? I would think she would have let you know in case God forbid something happened...it would be nice she is that far away from home....(:

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JenH03
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Re: Taking child out of country [Re: RockyConrad]
      #186723 - 03/14/08 01:01 PM (75.31.105.218)
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There is nothing in my husband's divorce decree regarding taking the kids out of the country, but even without that, generally you need notarized consent to travel outside the U.S. with only one parent. When my stepkids went to Guatemala last year, my husband had to sign for his daughter's passport (though not his sons because he was over the age of 16) as well as provide notarized statements giving his ex permission to take them.

However, I'm not sure this applies to Puerto Rico. When my husband's ex took them to the Bahamas two years ago, we didn't even know that's where they went until the kids called from Florida and told us.


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KGrow
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Re: Taking child out of country [Re: RockyConrad]
      #186740 - 03/14/08 01:59 PM (24.8.144.220)
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Airlines don't require consent letters to go to Puerto Rico because the US is legally friendly (intimate?) with Puerto Rico.

If your decree requires that you give consent for international travel then it is arguably being violated.

Do you want to stop her from going?


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ttina
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Re: Taking child out of country [Re: JenH03]
      #186742 - 03/14/08 02:02 PM (205.188.117.143)
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That is because parts of the Bahamas ( US Virgin Islands)do not require a passport, while entry into a forign country like Guatemala does. I believe Puerto Rico does not require a passport to enter. In which case there doesn't need to be "permission" for entry. Now, that being said, if there is a clause about distance travel in your divorce/custody agreement, You can fight the trip or have the offending parent held in contempt charges.

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RockyConrad
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Re: Taking child out of country [Re: KGrow]
      #186800 - 03/14/08 03:25 PM (216.228.174.10)
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I looked over my divorce papers. In the child custody clause (she has full custody and I have standard visitation)it states: "If either parent takes the children from that parent's usual residence for 24 hours or more, that parent shall notify the other parent of any emergency contact phone number and where the children will be staying."

I know she's in violation of this. I've had nothing but trouble from her since the divorce. According to the divorce papers, we are supposed to keep each other informed if we change address. She has moved and taken my daughter to a new residence and refuses to tell me the address. And she's violated some other clauses in the divorce, as well.

Should I have a warrant issued for taking my daughter out of the country without my consent?


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KGrow
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Re: Taking child out of country [Re: RockyConrad]
      #186859 - 03/14/08 05:48 PM (24.8.144.220)
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If that's all that your papers say about it, she does not need your consent to make the trip.

You can file a contempt of court claim for her not giving you her new address, for not giving you trip details too. But since you know about the trip, it sounds like she may have done that.

There's nothing to be done right now but wish them a safe trip.


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