Mothers and children

[donluis99]

Case:

Woman has son.

Woman left childs father and took son with her.

Father shows up after 4 1/2 monthes, mother allows father in house.

Father of son will not leave and now keeps child with him at all times, does not allow mother to take child to any place.

Father only works as taxi and carries child with him.

Mother wants to go stay with her parents with son, but does not want to leave son and can not get father away from son.

She has started a proccess at the palacio de policia, to have a hearing or something, but the father (summons served) so far has not showed up, one more hearing scheduled and if he does not show up supposedly he will be picked up and arrested for what ever reason for not compling with the order.

So my question is what else can really be done, this girl is always crying and in very bad condition and can not perform at work, what can accelerate this proccess.

Any real dirrection with this matter would be appreciated.

[Fabio J. Guzman]

Are the father and mother married? Divorced? Never married? Who has legal custody?

This is not something for the "policia". The proper venue is Minors' Court ("Tribunal de Niños, Niñas y Adolescentes") and the Protector of Children ("Defensor de Niños, Niñas y Adolescentes").

[donluis99]

Originally Posted by Fabio J. Guzman

Are the father and mother married? Divorced? Never married? Who has legal custody?

This is not something for the "policia". The proper venue is Minors' Court ("Tribunal de Niños, Niñas y Adolescentes") and the Protector of Children ("Defensor de Niños, Niñas y Adolescentes").

Never married, legal custody is the question, as stated previously the father left for some time, she let him in the house to stay for short period and see child and then never has left and will not let her carry the child anywhere without him, not even to the corner colmado.

She wants to leave but with the child and go to her mothers.

She will be contacting today the "Organismo Rector para la protecion de ninas, ninos y adolecentes" is this the same as "Defensor de Niños, Niñas y Adolescentes"

Will advise what they say later.

Any further advice?

[Hillbilly]

Let us know what happens.

In these cases, the mother usually gets primary care and the father gets visiting priveleges. Has the baby been "declarado"? Did the father recognize his paternal part in the baby's birth?

HB

[Fabio J. Guzman]

I assume that the father has acknowledged ("declarado") the child as his, otherwise he would have no standing.

If the child is very young (up to 4 years old) and the mother is not committing any heinous acts on him, the Court will very probably give her custody. He would have visitation rights.

Another issue: whose house is it? His or hers? If it's hers, the gentleman is trespassing.

Finally, the mother should get a lawyer.

[Jimmydr]

My girlfriend's ex boyfriend came and tried to take the kids while he was drunk. The cops arrested him. I hired a lawyer and she has the kids with her all the time and he may take them with prior notice as long as they have no school. The judge said that if he doesn't ask, then he better get use to jail.

[donluis99]

At this time mother has an attorney, whom attended the last (second) appointment with her before the Judge or counselor, I was incorrect before it is not the "Policía" it is the "Organismo Rector Para la protección de niñas, niños y adolescentes".

The father did not show up. There is now a third and final appointment for Aug. 2.

If he does not again show up, I understand he will be picked up, but I do not know weather she will be given custody automatically.

The child has not been declared by the father, I understand that he has not been "declarado" or registered at all.