Legal Question in Family Law in Mexico

Re: Mexican/US Child Custody

Thank you for your question. Your question raises numerous, complex jurisdictional and factual issues that require far more space than is permitted in this forum. Nevertheless, here are the basics.

First, ignoring the fact that the mother is in Mexico, yes a Minn. court could proceed with a divorce proceeding if she is in a psychiatric hospital. The more complicated question, however, is not whether a proceeding can be commenced in Minn. (As long as one party is a resident of the state, the state has jurisdiction over the marriage relationship and can grant a divorce, even if the other party is not in Minn or subject to the state's jurisdiction.) The more difficult issue is whether the court will have jurisdiction over the children. More facts are required to determine whether the UCCJA would give Minn. jurisdiction.

Second, whether the grandparents can object if she gives permission will depend on the law of their jurisdiction (ie. Mexican law, which may vary from state to state within that country).

Your final question (who would win in a fight between the grandparents and father) is simply impossible to answer at this time, and would be mere speculation. The more important question may be whether a favorable order granted by a Minn. court will be honored by Mexico, if the children are not here. Although subject to the Hague Convention (as it relates to private judgments), enforcing an American order in Mexico is very difficult.

The father needs an attorney if he intends to proceed with this matter. Call if you have further questions or need assistance. He will need to consult a lawyer promptly, since time is not working in his favor if the children remain outside the country.