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Mexican Law/Rights of Unmarried Father in Michoacan if on birth certificate


In the State of Michoacan, what are the rights of an unmarried father who is named on a child's birth certificate?   Does his name on the birth certificate establish paternity or must he secure a court order establishing him as the father.

If parents have been separated for 2 years or more, and the mother is out of the country (in the USA), can that father secure a Mexican order requiring the mother to return the child to Mexico?

Does the answer change if father was marginally involved after the separation?  Assume no hiding or absconding by mother.  Both Mexican citizens.

If child has been out of the country 2 years, would Mexican court have jurisdiction to hear a custody case if Father sought order from Mexican court?

If you could provide cites to some material I an read, I would appreciate it.

Thank you.

To better answer the question I will need more information.

Que edad tiene el niño? / How old is the child?
Los padres están casados entre sí? / Are / were the paties ever married?
Si estaban casados, hay un divorcio, existe algún convenio de custodia?  If they were was there a formal divorce filed?  Custody papers?
Existió un domicilio conyugal?  Was there an official residence of the family and / or child?

Para poder solicitar la restitución de un niño al país, tiene que existir previamente una orden judicial en la cual se otorgue la custodia, en este caso no se si exista.

The judge who can make a ruling is the one where the child lives (State Civil Code).  The Hague Convention also may weigh in on international custody matters.  

Mexican Law

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Lic. Spencer Richard Mc Mullen


All general law questions regarding Mexico. Birth / Death / Marriage certificates / Apostilles as well as real estate documents from the State of Jalisco and dual nationality. Licenciado en Derecho (Mexican law degree) Cedula 7928026 / Estatal 114067), Postgraduate Specialty Degree and 8 postgraduate diploma degrees, official Jalisco State Court Translator (Perito Traductor), US Consulate and Guadalajara Municipal Translator


Law degree, specialty degree, postgraduate courses, intern for 3 years in State Civil Court in Chapala, Jalisco, interned 1 year in Jalisco State Supreme Court, extensive ongoing continuing education, past and present litigation in all types of courts (Federal, State, District, Agrarian, Criminal, Administrative, Tax, Business, Family, Civil, Unitarian, Appellate, Municipal), Internship in a Notary Public office

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Licenciado en Derecho (Law Degree) - Universidad America Latina, Especialidad en Derecho Procesal Civil y Mercantil (Specialty Postgraduate Degree) - Universidad Panamericana, Jalisco State Judicial Council Authorized Court Translator, Municipality of Guadalajara Authorized Translator, Federal Banking and Insurance Commission Arbitrator, Postgraduate diploma course in Condominium Administration, Postgraduate diploma course in Procedural Law, Postgraduate diploma course in Contractual Law, Postgraduate diploma course in Human Rights and Extraordinary Constitutional Writs, Postgraduate diploma course in Administrative Law, Postgraduate diploma course in Notarial Law, Postgraduate diploma course in Corporate Law, Postgraduate diploma course in Municipal Law, Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015 Mortgage Agent Certification - Mexican Association of Financial Intermediaries, California Real Estate Broker License US Federal Mortgage License Various courses in civil, business and tax law

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