The SCJN has declared unconstitutional the rule that gives preference to mothers to obtain custody of their children in the divorce proceedings.
It was the first chamber of the Supreme Court of Justice of the Nation, which has declared the term of preference for mothers in the custody of their children , as they see it as an unconstitutional act.
The SCJN has declared the rule of Mexico City that gives preference to mothers to obtain guardianship and provisional custody of their minor children in divorce proceedings, as unconstitutional.
This after they were held in debate on article 282, section B, section II, third paragraph of the Civil Code of Mexico City, since this confirmed that in divorce proceedings the mother should have the guardianship and custody of her children automatically.
The foregoing was done in this way as long as the minors were under 12 years of age, but the SCJN declared that this action lacks acceptable support , so it should be eliminated.
The first court of the SCJN mentioned that the article of the Civil Code said that the assignment rule must be based on the distinction of the sex of the parent, if this were the case, it would fall into the category of suspects "that are established in the first article of the Political constitution.
In addition, the members of the first court of the SCJN, declared that the article violates the principle of interest of the minor, by taking away the role of the judge to compare and study the particulars.
By automatically passing custody to the mother, the judge can no longer investigate who is the best option for the care of the child, in addition to giving way to traditional gender stereotypes.
Among the arguments, it was mentioned that there is no ideal type of fathers or mothers, so it is important to weigh the behaviors of both parents, to determine who can take care of the minors.
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