Family Law Questions? Ask a Family Lawyer Online.
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?
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.
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.