Question about US citizen children with an illegal parent and a US Citizen parent.

[Lconklin]

Hello,

I have a friend who is married to a woman from the UK who is living in the United States illegally and has two children conceived and born in the United States and is married to a US citizen.The mother is threatening that on December 30, 2013 she is leaving and taking both children with her. The father is terrified that she can do this and there is no way to stop her because someone told him that according to Federal law she can take both of the children and leave the country. Is this right? Can she legally take both of his children out of the country? If so how can he stop this?? Thank you in Advance for any help you can give.

[cafeconleche]

No, she can't. Both parents need to give permission for the children to leave with one parent, unless she can prove sole custody. She shouldn't be allowed to board the plane if the airline agent does his/her job correctly.

[rayb]

Airline employees demonstrate their particular airline requirements for a single parent travelling with minor children. Normally, a notarized statement from the absent parent identifying the children, the accompanying parent, and giving his consent for them to travel with that parent is a minimum requirement. The statement should also provide contact info for the parent who is staying home.

As responded by "cafeconleche," proof of sole custody or legal control of the child is generally accepted in lieu of a letter from the remaining parent.

I've had to run to our local airport a couple of times to notarize statements "on the fly" for children travelling to Mexico with only one parent. The airline staff, especially with Mexican airlines, are very vigilant about travelers to Mexico.

--Ray B

Hello,

I have a friend who is married to a woman from the UK who is living in the United States illegally and has two children conceived and born in the United States and is married to a US citizen.The mother is threatening that on December 30, 2013 she is leaving and taking both children with her. The father is terrified that she can do this and there is no way to stop her because someone told him that according to Federal law she can take both of the children and leave the country. Is this right? Can she legally take both of his children out of the country? If so how can he stop this?? Thank you in Advance for any help you can give.