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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37076
Experience:  I provide family and divorce law advice to my clients in my firm.
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a friend has been separated from the father of her two children

Resolved Question:

a friend has been separated from the father of her two children, aged 3 and 4 years old, they never married. The father has not paid any child support since their separation two years ago, has not had or sought contact with the children during this time. The mother would like to assume full custody and end parental rights of the father. What are her options and how quickly will she be able to achieve this? How should she proceed to achieve this goal? How much will be the expense? She lives in Quintana Roo, Cancun


Thank you!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. PLease permit me to assist you with your concerns.

My apologies but we do not have Mexican professionals on site. While I can provide you with an answer based on US law (if the parent is in the US), I really could not assist you with accuracy pertaining to mexican regulations. While I can research them for you, I cannot guarantee that they would be correct. Would that suffice?
Customer: replied 1 year ago.
Thanks, XXXXX XXXXX research myself
Customer: replied 1 year ago.
Relist: Other.
Offered research not answer
Expert:  Dimitry K., Esq. replied 1 year ago.
Marc,

I am sorry but I am a bit confused. Do you wish to research this myself? Do you want me to request a refund on your behalf? Or do you want me to assist you further? I sent a message to moderators to issue you a refund, was that incorrect?
Customer: replied 1 year ago.
Hi

I am hoping someone could give an answer to my question if possible.
Expert:  Dimitry K., Esq. replied 1 year ago.

Marc,

I misunderstood. Please allow me to research and I will see if I am able to find the right answer for you. Hold on, please.

 

 

Is the other parent in the US? Does she wish to go through Mexican or US courts?

Customer: replied 1 year ago.
Both parents are Mexican in Quintana roo
Expert:  Dimitry K., Esq. replied 1 year ago.

Marc,

Thank you for your follow-up. I have gone ahead and researched this for you. In Mexico the system for child support and custody is based on civil law and civil regulations Child support and visitation is likewise based on income of both parents. If one parent is missing and has abandoned the child, the other parent can petition the local courthouse where the child resides for full custodial rights and a request to terminate parental rights of the absent parent. The courts wll generally agree to this request only if two conditions are met--first that this is in the best interest of the child and that the mother can care for the child herself, and hopefully if there is an another party who is willing to potentially adopt the child as his own. Please be aware that Mexican courts do permit the absent parent to appear and make significant financial payments to the mother based on his absence--if she chooses to agree, the courts will not seek punishment for that parent's absence in the child's life.

Hope that helps.

Customer: replied 1 year ago.
What if the father contests what would the process be and how long?
Expert:  Dimitry K., Esq. replied 1 year ago.

Marc,

Thank you for your follow-up. If the father contests, he will have show up in court, either himself or with his own attorney, and claim parental rights. Then the courts have the ability to financially punish him via fines for failing to care for the child, and possibly even seek jail time. The courts will likely not take away his rights if he pays the fines directly to the parent of the child. The process can last up to 6 months, but almost rarely do the parents contest.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37076
Experience: I provide family and divorce law advice to my clients in my firm.
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