Ex Wants to Take Kids from Mexico Back to Massachusetts

Father concerned wife may not return children after summer visit

Mar. 29, 2026 at 7:23am

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A man living in Mexico with his ex-wife and children is concerned that if he allows the children to spend the summer in Massachusetts with their mother, she may not bring them back. The mother wants to give birth to her new partner's child in the U.S. so the child can be a U.S. citizen, and she insists on using the family's vacation home in the Berkshires for the summer. The father is worried about the stability of the mother's new relationship and does not want the children to be collateral damage in her plans.

Why it matters

This case highlights the complex legal and custody issues that can arise when families live in different countries, especially when one parent wants to temporarily relocate the children. There are concerns about potential parental abduction and the best interests of the children.

The details

The father and mother previously lived together in Mexico but have now separated, with the father renting a home nearby. The children split their time evenly between the parents. The mother is now pregnant with her new partner's child and wants to give birth in Massachusetts so the child can be a U.S. citizen. She also wants to use the family's vacation home in the Berkshires for the summer and have the children stay with her there.

  • The family previously spent every summer at their vacation home in the Berkshires.
  • For the last two summers, the home has been rented out instead of used by the family.
  • The mother wants the children to spend the summer of 2026 in Massachusetts with her.

The players

The Father

The father currently lives in Mexico and has equal legal and physical custody of the children.

The Mother

The mother is currently living in Mexico as well, but is pregnant with her new partner's child and wants to give birth in Massachusetts so the child can be a U.S. citizen.

The New Partner

The mother's new partner, who she is pregnant by, has substance abuse issues according to the father.

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What they’re saying

“I think her relationship is unhealthy for her and our children due to his substance use and am concerned if I let the children spend the summer in Massachusetts, she will not bring them back.”

— The Father

What’s next

The father plans to obtain a custody judgment in Mexico stating that he and the mother have equal legal and physical custody of the children, and that Mexico is the children's habitual residence and home state. He will require the mother to register this judgment in Massachusetts before the children can come for the summer, in order to ensure their return to Mexico at the end of the visit.

The takeaway

This case highlights the importance of having clear legal custody arrangements in place, especially when families live in different countries. The father's proactive steps to protect his custody rights and ensure the children's return are crucial to preventing potential parental abduction and prioritizing the best interests of the children.