Mexican Child Support/ Family Law

[MrsH]

Wanted to get thoughts and feedback on this scenario:
Cabo San Lucas, Mexican dad, never married to Mexican mom. Two boys, ages 6 and 3 months. Questions over paternity with 3 month old. DNA test indicate man is FOB. Mom has dad arrested and put in jail for failure to pay child support. Dad gets out on bail. Goes to court. Judge rules "5 years in prison or 2 years living with the boys". Is that realistic? Having trouble with this story but obviously not familiar with Mexican Family Law. Would a judge really put it to the dad that way? Thoughts? Opinions?

[AFFA]

re: Mexican Child Support/ Family Law

I wish to inform you that generally the orders child support amount but does not give orders regarding jail or stay with child because child custody is governed by laws relating to custody which provide best interest of child as main consideration while jail term is provided in accordance with criminal law. Criminal law is governed by jail term and penalties. As two different laws have to be applied thus it may not be clubbed as alternatives.

AFF

[Disagreeable]

re: Mexican Child Support/ Family Law

The Mexican system operates more on a system of equities that are grounded more in the reality of a Mexicans' daily life and less in a uniform system of punishment. It appears the court recognizes dad is very poor OR very rich and wants to give him the option to experience the effects the children have on a solo parent or go to jail in punishment. It is a sad reality in Mexico, that the percentage of single mothers living in poverty is very high. It is usually the grandmother that steps into place financially or for baby sitting.
This scenario is totally believable based on the numerous times I have visited Mexico, staying as a citizen would, more so than a tourist.

[MrsH]

re: Mexican Child Support/ Family Law

Thank you both for the posts. Both useful statements. I can understand the thought behind the Mexican court wanting what is in the best interest of the children, but struggle to see the wisdom in forcing two adults, who have difficulty tolerating one another, to live together. In this scenario, the dad had ended his personal relationship with the mother but the mother wants to remain together. Additionally, to clarify, it is my belief in this scenario the dad is extremely poor, not rich. He has been denied visitation with the older boy as well. Apparently, the information I have been given is that the dad was providing child support for the older boy but denied paternity during the pregnancy of the 3 month old. The mother insisted the child was the dads. Once the baby was born the paternity test was done. The dad agreed to pay child support for both children at that time, then was arrested. Just trying to wrap my head around these cultural differences. It sounds like the two of you both believe this to be plausible. I thank you both for your views. Anyone else care to add information, please feel free.

[Disagreeable]

re: Mexican Child Support/ Family Law

Another quirk in the legal systems equities is the concept of financial forgiveness. If dad can come up with enough money to pay mom for his previous years of neglecting the children, the court, with moms acceptance, will likely release dad from both punishments as long as he continues to pay.