Mexican Child and Wife

[Arguing 0]

I am currently legally married to a Mexican national and a father to a 16 month old child. I am a US citizen. My wife and I were married in Mexico (Registro Civil) in the state of Veracruz. Our son was born in Mexico and is legally registered with both parents present through their Mexican consulate.

The thing is, my wife does not consent to registering my son with the US Embassy and has no plans on living in the US permanently in the future. She is denying my rights to physically be with my child as I am currently residing back home in the US. I feel as if there is nothing that I can do.

Can somebody offer me any advice?

P.S. - Traveling to and from Mexico right now really isn't an option.

Thanks in advance.

[JohnR! 5,495]

You can register your son in the US consulate in Mexico. which will recognize him as a US citizen. You do not need your wife to consent to that, but you will need to go to Mexico and do it in person. Check out this link: http://www.travel.state.gov/law/family_issues/birth/birth_593.html and http://mexico.usembassy.gov/eng/eacs_report_birth_abroad.html

This will help him come to the US if/when the moment arrives, thus precluding a need for a visa but it will not solve the visitation problems you have.

IMHO you may need to get a lawyer in Mexico so you can get a court order specifying visiting rights and other rights you are afforded as the father by Mexican law.

Good luck!

[Boiler 45,946]

Sounds like you want to move the child to the US, the chances of that happening without the Mothers permission are remote, very remote.

Edited August 27, 2012 by Boiler