Legal Question in Family Law in Mexico
Child Custody with USA Mom & Mexican Dad
My daughter an American citizen gave birth in Baja Mexico to her son on 1-1-2007. He has never been registered as the child--name removed--father refused to do so. She worked in California and commuted each day. After a domestic violence incidence, she moved with the child over the border into California, near her job. The child--name removed--father is now threatening her with abduction, custody etc. She has just lost her job and wants to move to Northern Calif. where our family is but is afraid to do so. She and the child--name removed--father were never married. Where should we even begin?
1 Answer from Attorneys
Re: Child Custody with USA Mom & Mexican Dad
I�m an attorney in Mexico so I will tell you what is the legal situation here.
If he didn�t register the child under his name or he doesn�t appear in any legal document, HE IS NOT LEGALLY THE FATHER, so he cannot take him legally unless he sues for paternity rights (doing dna exams and a court procedure). If she wants childsupport she can sue for that without giving him any rights over the child (sue for childsupport+custody rights).
In the States i believe you can put a restraining order and notify the customs autority so he doesn�t even enter the US. [email protected]
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