Some of the most common notarizations we do in Midland are for children who are not with both parents. A minor crossing into Mexico with one parent or with grandparents, a child living with a relative while a parent works a long rotation, a teenager on a school trip with a medical condition. None of these situations require a court order. They require a clear letter, signed by the parent or parents, notarized, that tells the border officer, the airline, the school or the clinic that the adult with the child has permission to be there and to act. Here is what each kind of letter should say.
The travel consent letter
U.S. Customs and Border Protection recommends that a child under eighteen traveling without both parents carry a notarized letter from the absent parent or parents giving permission for the trip. Mexican authorities and airlines can ask for it as well, and a child traveling alone or with a group may be asked for it on the way back into the United States. It is not always demanded, but when it is and you do not have it, the trip stops.
- The child's full name, date of birth and passport or birth certificate number.
- The full names of both parents or legal guardians, and which of them is giving consent.
- The full name of the adult traveling with the child, and their relationship to the child.
- The destination, the travel dates, and the purpose of the trip.
- A statement that the signing parent consents to the travel, and a phone number where they can be reached during the trip.
- The signature of the non-traveling parent, or both parents if the child is traveling with a third party, made before a notary.
The temporary care or medical authorization
When a child stays with a relative or family friend for weeks or months, the caregiver needs authority to act in ordinary situations: enrolling the child in school, signing a field trip form, and above all consenting to medical treatment. Texas law provides for an authorization agreement for nonparent relatives, a specific form that a parent signs to give a grandparent, aunt, uncle, adult sibling or other listed relative authority over the child's care. It has to be signed before a notary and it has statutory wording. A simpler medical consent letter can cover a shorter stay or a caregiver who is not a relative.
Neither letter transfers custody or changes who the legal parent is. They give a named adult permission to act for a limited time. A parent can revoke them, and a court order always overrides them. If custody is disputed, or one parent has a court order limiting the other's rights, talk to a lawyer before signing anything.
At the notarization
- 01The parent who is signing appears in person with valid photo identification. The child and the caregiver do not need to be present.
- 02If both parents are signing, both appear. They do not have to come at the same time; each signature is notarized separately.
- 03The letter is complete before signing, with the dates and names filled in. Leave the signature line for the notary's presence.
- 04Bring a copy of the child's birth certificate if you have it; some destinations want it attached.
- 05Sign more than one original if the child will need to show one to an airline and leave one with the caregiver.
Frequently asked questions
The other parent is not involved and will not sign. What do I do?
Bring whatever shows the situation: a custody order granting you sole authority, a death certificate, or a birth certificate with no second parent listed. The letter can then be signed by you alone with an explanation attached.
Does the letter need to be in Spanish for Mexico?
It helps. We can notarize a letter written in both languages, and for some purposes Mexican authorities may also want an apostille. Ask the receiving party or the consulate before the trip.
How long is a consent letter good for?
For the dates written in it. Write the actual trip dates or the period of care rather than leaving it open-ended; an undated, unlimited letter draws more questions, not fewer.
Come in before the trip
A consent letter takes a few minutes at 700 C Andrews Hwy in Midland. Call (432) 257-7547 if you want us to check the wording first. English and Spanish.
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