Mexican Law/How difficult would
QUESTION: How difficult would it be for a father to get custody of his child in Mexico if the mother violates court orders and does not allow him to see his child?
Would you advice a Mexican woman to ask for child support in the Mexican courts or US courts if she has a child with an American man in the United States?
The courts in the United States would award her more money than the courts in the United States would.
If the courts in Mexico order the American father to pay child support he would comply with that court order, even if she does not file for enforcement in the United States. The father would send the money to the Mexican consulate in the United States. The American father lives in the United States a few miles north of the Mexican border.
ANSWER: Response to first question: It would be difficult for a father to get custody based only on the fact that the mother was violating court orders related to visitation. Not impossible, but difficult. The Court's look after the best interest's of the child. Culturally, it is presumed that the child interest´s are best served when the mother has custody. It is a hard presumption to overcome.
Response to second question: As a general rule, American courts are more generous with child support and enforcement is more efficient in the United States. So, without knowing more details, I would say that as as a general rule, it is better to sue for child support in the United States. (I assume that one or both parents are currently domiciled in the United States.)
Hope this helps...
John Lee Ward
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QUESTION: I assume that one or both parents are currently domiciled in the United States.
This is no true? The father is currently domiciled in the United States, while the mother and her child are currently domiciled in Mexico. The father is afraid that the courts in the United States would order him to pay child support, while his parental rights can not be enforced in Mexico.
ANSWER: Child support and custody/visitation are two separate issues. The payment of child support can not be conditioned on complying with visitation rights. This is true both in the US and in Mexico.
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QUESTION: The father is currently domiciled in the United States, while the mother and her child are currently domiciled in Mexico.
Does that mean that the courts in the United States (not Mexico) will order him to pay child support under United States law not Mexican law, yes or no?
How difficult would it be for the father to get physical custody of his child if the mother is hold in contempt of court in Mexico for not violating his visitation rights?
Both the answers to your last follow-up are difficult to answer with certainty.
A US Court could rule based on Mexican law or it could rule based on US law. I am not an expert in US choice of law issues. A lot would depend on the exact circumstances which would have to be analyzed by a US lawyer.
Regarding the second question, the answer also depends on the circumstances. It is possible that the mother could be charged with the crime of "sustracción de menores" if she disobeys an order related to visitation. If the mother was criminally charged for this crime, she could lose custody.
Hope this helps.