Do I have legal sole custody?

[greenaroo]

What is the name of your state? I live in the state of Ohio. I have a fourteen year old son who has Down Syndrome. I have been divorced since 1988 when my son was six months old. My divorce decree states that the Separation Agreement is "attached hereto as Exhibit A and incorporated herein as fully rewritten." Article II of the Separation Agreement pertains to custody. It states that I have the care, custody, maintenance and support of our child. Article III states that the husband shall have visitation rights, etc. etc.

My question is this. According to the law, do I have sole custody of my child? The reason I am asking is because I am planning a vacation trip to Cancun, Mexico in the fall. My son and I have both applied for passports, but I understand that Mexico has very strict laws pertaining to minor children entering the country. It is my understanding also that unless I have sole custody then I must have a signed letter of permission from my son's father. That would be a big problem because neither my son or I have seen him in fourteen years and don't know where he is. Although he pays child support through the Child Support Enforcement Agency, he has never visited our son. Since my divorce papers allow for visitation rights, I am unclear as to whether or not I have sole custody.

Can anyone help? I'd hate to get off the plane in Mexico only to be refused entry.

 

[Bre's_mom]

From what I read in your post is states you have custody, so you should'nt be worried about going on your vacation, also it states that the bio father pays childsupport. I see it as you do have custody... I hope this helps!!

 

[greenaroo]

Thank you for responding. I wasn't sure if this was considered "sole" custody since his father is allowed visitation rights. Since this is only the second vacation my son and I have ever taken, I sure didn't want any unpleasant surprises.

 

[confusedfiance]

when i was 14 i went to mexico with my father and at that time he didnt have full or even shared custody of me.....only visitations on the weekends and holidays ect....anyway when we crossed the border they gave us no problems with anything.....hope this helps

 

[kat1963]

I don't think you need passports to enter Mexico...just valid ID's.

KAT

 

[greenaroo]

As a result of increased child abductions in recent years, many countries now have stricter entry requirements regarding minor children. On the paperwork I received after I booked my trip, there was information regarding the new entry requirements of minor children. It also stated that all paperwork would be checked. All this was highlighted in huge letters. So it took it seriously.

It's true that you don't have to have a passport to enter Mexico. All you need is a birth certificate and a photo ID. However, if your surname on your birth certificate doesn't match that on your photo ID, you will also need another form of identification. I have been married and divorced twice. I chose to keep my last married name so that it would be the same as my son's. According the the Mexican govt. authorities I would need to bring my birth certificate, photo ID as well as both marrage certificates and divorce decrees to prove I am who I say I am. OR I could get a passport. It seemed to me that having a passport would be easier than carrying around all those papers.