The Requirements to request parental authority They are an issue that overwhelms many Mexican parents who may find themselves in somewhat complicated situations.
In those moments when a couple separates, it is important to find a way to maintain the contact and connection they have with their children.
If this is your case, don’t worry! Today we will help you by explaining everything you need to know about Requirements to request parental authority.
What are the requirements to request parental authority?
The Requirements to request parental authority in Mexico they are the following:
- Complete the application.
- Presentation of both parents, or of the persons who exercise parental authority.
- Consign the original and copy the official identity document with form and photo. This document can be:
- The valid passport.
- The drivers license.
- Consular Registration Certification.
- The military service card.
- Provide basic information on the minor or disabled. Also of the citizen or citizens who will watch over the minor, and the address where the minor will live.
- Record the minor’s birth certificate, or the Judge’s opinion certifying that the appearing party was appointed as the minor’s guardian.
- Indicate the monthly amount that the appearing parties will provide as maintenance, to the citizens who will be in charge of caring for the minor.
- Indicate whether the citizen to whom the agreement is granted has to provide real estate belonging to the minor. Also, information about said property.
- Make the payment of the corresponding rights in the form and amount indicated by the Federal Rights Law.
Who can request parental authority?
The Law stipulates that the parental authority of a minor is shared by both parents. However, there are exceptions where a single parent will exercise parental authority:
- When one of the parents dies. It refers to when one of the parents declares the absence legally. This does not mean that either of the two does not have contact with the minor. The Court declares a person legally absent, when it is not possible to get him for between five and seven years.
- At the moment that one of the parents is legally disqualified.
- In the event that one of the parents has recognized that the minor has been adopted.
- When there is a verdict issued by the Court that stipulates it.
- When there is a court order. It should be noted that parental authority is owned by the minor’s parents. Unless it has been removed or limited by court order. Consequently, this order will determine who will be granted parental authority.
The duties generated by the Parental Authority towards the father and mother are the following: Caring for and educating the children, providing them with adequate food. They also have a duty to accompany them, and the non-custodial parent must pay alimony. And not least, you have a full obligation to interact with your children.
Reasons for Losing Parental Rights
Just as there are rights and duties with respect to parental authority, there are also some reasons why the Court will probably rule that the parents lost parental authority. These are mentioned below:
- Exposing the minor in danger of suffering some type of harm: Mental, emotional or physical.
- Allow third parties to endanger or cause mental, physical or emotional harm to the minor.
- Failure as to the duty to monitor the minor when he is under the care of other people.
- Failure to fulfill their duty as a representative in the face of occasions that warrant it.
- Failure with respect to their duties to protect, educate and feed the minor.
- Disregard the minor.
- Put the minor to carry out activities to benefit financially.
- Abuse the minor.
- Have legal proceedings for crimes such as: homicide, attempted murder, rape, serious assaults, gender violence, conjugal sexual assault, etc.
- Being an alcoholic or an addict, which prevents caring for and caring for the minor.
If parental authority is maintained, even with restrictions and custody is not possessed. Likewise, the duty of the parents to provide food for the minors remains, through the payment of maintenance. The indicated Judge is the one in charge of interrupting or restricting the Parental Authority. And at the appropriate moment it restores it.
Laws regarding parental authority
The Laws that protect the safety of children and adolescents are contemplated in the Federal Civil Code. Its Article 444 establishes all the causes of deprivation of parental authority that have been mentioned previously.
The Political Constitution of the United Mexican States included in its Article 4, the norm on the “Superior Benefit of Children”. In other words, all the determinations and acts of the State will monitor the aspects that guarantee the well-being of children, supporting their rights.
It is mandatory that girls, boys and adolescents meet their requirements for nutrition, health, education and healthy recreation for their integral progress. Additionally, the General Law of the Rights of Boys, Girls and Adolescents, stipulates that the “Supreme Benefit of Children” must be considered as a priority element.
Guardianship and Custody
The Guardianship and Custody originates from the Parental authority. And it is associated with the duties and obligations that parents have with respect to their children. In this sense, the parents who are separated will define through agreements with which of them the minors will stay.
If they will live in a stable way or for certain periods of time with both. Similarly, about the diet and cohabitation. Through Guardianship and Custody, it is defined which of the parents will be in charge of the assistance, protection, education and nutrition of the children. Taking its integral growth as a priority.
It is important to mention that the children have the opportunity to decide about the cohabitation or modification of Guardianship and Custody. This is done before the competent body, and where the minor is heard.
The age of the children does not limit the care of the person in charge of minors, who names the System for the Integral Development of the Family. Or also another body that is endorsed and appointed previously.
What is parental authority?
The Parental Authority contains a number of duties and obligations that are legally granted to the parents, over the non-emancipated descendants and their belongings. This must be carried out in favor of the descendants, where the parents are obliged to accompany them at all times.
Likewise, they must take care of looking after them, provide them with food, education and provide them with care. Also provide them with a comprehensive learning, be their legal representative and manage their assets. Generally, parental authority is held jointly by both parents. It does not matter the sex, if they are married or not, or specifically by one of them, with the authorization of the other.
On the other hand, the Parental Authority includes the legal figure and protection of the psychological, moral, physical, social elements of guardianship and custody and the duty to correct. Parental authority cannot be waived, however, to whom it is granted can be justified in the following cases:
- When one of the parents has reached the age of 70.
- When his health situation does not allow him to properly assist the minor.
Family laws and civil norms in Mexico stipulate the provisions on which parental authority ends. It is suggested to review the legislation corresponding to each federal entity. The reasons for the termination of parental authority are specified below:
- The death of the person who exercises.
- When the descendants become older (18 years).
- Independence of descendants, caused by marriage.
- When minors are refugees and neglected by their families, without justified reasons in private or public entities.
- Due to the risks to which the parents may subject their children.
- If a child is given up for adoption, since parental authority is transferred to adopters.
In the same vein, it is worth mentioning that it is possible to regain the Interrupted Parental Authority. The affected parent must verify that the reasons that led to the loss of this no longer exist, as follows:
- The deprivation of parental authority does not suggest that parents stop providing food for their children.
- It is essential to present witnesses that indicate that the father has the right to regain parental authority.
- In the event that parental authority is lost due to abuse, you must submit a psychological examination stating that you are no longer an aggressive person.
- Consign the necessary documents, depending on the case (alcoholism, addiction, etc.).
- Parental authority expires when the children become over 18 years of age, or if they were married between the ages of 14 and 16.
When it comes to separating from an old partner, there is something that should be made very clear: the parental authority of the descendants in common. However, we know that this can be a difficult issue to deal with if not enough information is available on hand. That is why we recommend that you seek to have as much orientation as possible.
So, we hope this article has served as a guide that introduces you to the Requirements to request parental authority.
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