Summer Trips to Mexico After Divorce: What Edinburg Parents Should Put in the Court Order About Travel and Consent

For many Edinburg and Hidalgo County families, summer trips to Mexico are a yearly tradition. You may want to take your child to visit grandparents, go to family celebrations, or just enjoy a vacation over the border. However, international travel can become more complicated during and after divorce. Working with a divorce attorney can help you protect your traditions and what matters most to you.

At Garza Law Office, PLLC, we help people throughout Hidalgo County navigate the complexities of divorce. Attorney Dora Alicia Garza is a passionate advocate for her clients, providing guidance and insight on a variety of family law topics. Learn more about how our divorce law firm can help you now by calling us at 956-329-1304.

Why Mexico Travel Plans Should Be Addressed in Your Custody Order

When you begin working with a divorce lawyer, you may be surprised to see just how much you have to address in a divorce agreement. Battling over international travel may feel excessive when you’re already trying to negotiate every part of a standard custody/possession schedule. However, the fact is that a standard custody schedule is not enough to address international travel rights.

Without a custody order that addresses who can take the child outside the United States, who holds the child’s passport, and what information must be shared before a trip, every single trip can become a battle.

A strong order answers these and other questions before a trip is scheduled and conflict begins.

Start With Your Summer Possession Schedule

A clear summer possession schedule is important in any Texas divorce, since a child’s care needs are so dramatically different than they are during the school year. International travel generally shouldn’t interfere with the other parent’s possession time unless the parents agree.

It’s important to be very specific about parenting time during the summer. Specify how time is split and when exchanges occur. This makes it easier for the traveling parent to plan travel on their own time. Unintentionally scheduling on the other parent’s time will only increase conflict.

Outline Passport Rules

Passport disputes are fairly common after divorce, particularly if one parent believes (with or without reason) that the other parent may refuse to bring the child back to the United States. A court order negotiated by your divorce attorney should specify who can apply for or renew the child’s passport, how the other parent must cooperate with the process, and who keeps the passport when there is no upcoming trip.

Note that getting a passport for a child younger than 16 requires consent from both parents. The passport office requires that either both parents must appear in person or the non-appearing parent must submit a signed and notarized form. Passport delays can completely stop travel, so these issues should be addressed as early as possible.

Consider Required Written Travel Consent

Your divorce lawyer may also recommend requiring written consent before either parent takes the child outside the United States. This may or may not be necessary in your case; in some agreements, a traveling parent only needs to provide advanced written notice.

Your court order may state that consent is required for every Mexico trip, whether consent must be notarized, how far in advance the request must be made, and how much time the other parent has to request. It may also specify why consent may legally be withheld.

Include Itinerary Requirements

A travel provision may require the traveling parent to provide the trip dates, mode of travel, destination city, address where the child will be staying, and a clear itinerary for the trip. It may also require contact information for adults going on the trip, flight numbers, and return plans.

Additionally, you may have communication requirements for each trip. For example, the parent remaining in the U.S. may be owed a call every day, once a week, or upon arrival and departure.

Discuss Your Options With Our Divorce Law Firm in Texas

International travel can be difficult to negotiate during a divorce, but the team at Garza Law Office, PLLC is committed to helping you draft a divorce agreement that fits your travel needs. Schedule a time to meet with our bilingual team now by calling us at 956-329-1304 or contacting us online.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.