At Abogados Cabo we know that divorce with children involves two terms that are often confused and that we must make clear before touching on the main topic of the article. These concepts are parental authority and guardianship and custody.
When we talk about parental authority we refer to the obligations and responsibilities of both parents towards their children: this responsibility includes food vouchers, education, health, recreation and others that help the physical and emotional growth of the children.
Guardianship and Custody
The guardianship and custody refers to the parent who will be in charge of the children in cohabitation, that is, with whom and where the children will live, which is why both parents can have parental authority, but only one can obtain custody of the children. In this sense, the family judge will make the decision based on the welfare of the children and usually this custody is assigned to the mother.
But, this decision can change, read on and you will know how to ask for full custody of a child in Mexico.
What does the Law say about parental authority and guardianship and custody?
Articles 423 and 424 of the Federal Civil Code show the powers that parents must exercise when they have parental authority and custody of their children. Among them are the correction and care of the children’s conduct, being the parents the ones who, with their example, will promote values and good conduct.
Fulfillment of agreements
Another decisive point is the obligation of the parents to comply with the agreements determined by the family judge, especially with regard to alimony, visits between parents and children, care, among others. Now well! The experience dictates that the judge’s decision is inclined to grant custody to the mothers, since from the pregnancy they are the closest persons to the care of the children, obtaining then, the parental authority and custody at the same time. However, this is not always the best decision and this is when fathers can fight to gain full custody of a child or of the children they have fathered during their conjugal life.
How to ask for full custody of a child?
There are very important elements that a judge takes into consideration when awarding full custody of a child to the father, below are some of them:
- The judge will measure how involved the father is in the life of the children, since it is not only about spending time and alimony, but also about making life and being present in the important events of the children.
- The disposition and availability of time to spend with the children will be evaluated. If the father has to travel constantly for work reasons, it is most likely that he will not get custody.
- The justice system will verify what is the emotional contribution that the father gives to his children and this includes even the concept or bad judgment that he can give to the little ones about their mother, not to feed hatred, rancor or division in the family ties between mother and children.
- Additionally, the family judge will see the intentionality that he/she has towards the other parent before and after the custody. If he is seeking revenge or not allowing the children to see their mother in the future, the father’s intention may affect the mental health of the children.
We have seen this point many times in the movies and believe it or not, it has great weight to gain full custody of a child, it refers to prepare the environmental conditions and space where it is intended to raise children. This place must be suitable for the children to be safe and in a favorable environment for their growth.
What must you prove to assume custody?
Another important point is to demonstrate that you have the economic means and sufficient income to take care of your children, although if you had fully complied with the payments of alimony, education, health among others, you will have won a first battle. If you believe you meet these elements, talk to an attorney who will help you undertake the process of applying for full custody.
A family lawyer will advise you on the legal procedure to be followed and will also guide you in obtaining sufficient proof and evidence to convince the judge to change his or her initial decision, since the physical, emotional and psychological health of the children is being put at risk.
Other circumstances in which the father can obtain full custody of a child in Mexico.
There are other more compelling circumstances that may accelerate the granting of full custody of the children, among them may be mentioned:
- That the mother suffers from some mental disorder that impedes the care of the children.
- If the mother shows addiction behaviors that affect both the attention and the values of the children, such as alcoholism, gambling or drug addiction.
- If the relationship between mother and children is unhealthy and there are threats, especially if these are focused on affecting the emotional ties between the father and the children.
We must consider that the divorce process alone affects the children in a huge way, so the development of a daily life where healthy emotional ties prevail is essential. If as a parent you see that this is not being fulfilled, we advise you to consult an attorney specialized in child custody and fight for your custody before a more serious emotional disorder is originated in your children.
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At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.