FILE NUMBER: 1110/2011

C. SECOND JUDGE OF THE FAMILY BRANCH

FROM THE JUDICIAL DISTRICT OF TUXTLA
OF THE JUDICIAL POWER OF THE STATE.

PRESENT

Licensed HENRY QUIÑONES BALBUENA, of legal age,

Mexican by birth, fully exercising my rights, in my capacity as
judicial representative in the trial that I cite with due respect
I appear and state:

As I am here in a timely manner, I come to present the arguments to

Please represent me, making the reasoning known.
interpretative grounds on which the act is not justified and, on the contrary,
if my representative, which is done as follows:

ALLEGATIONS:

As recorded in the files and dated September 20, 2011, you

I ask my spouse for the divorce that binds us in marriage, the settlement.
or termination of the marital partnership, as well as custody
shared by our youngest daughter named Cristina Guadalupe Córdova
Tapia, since my spouse and the actor at the time of the presentation of the
demand, they had already been separated for more than six months, as a consequence of the

marital separation, the defendant completely refuses to let me coexist with my

younger daughter, since she does not have the right to deny that right to me
the youngest daughter to live with both parents and have leisure time, it is because
What I request from you, Mr. Judge, is that I be granted shared custody of
my youngest daughter, and that her rights to coexistence are not violated, just as
I stipulated it in the document dated January 26, 2012, and I receive it at the office of
parts of this H. Court, where in accordance with Article 8 section
C and D of the Law for the Protection of the Rights of Girls, Boys and
Adolescents from the State of Chiapas, which reads as follows:

ARTICLE 8.- The right to identity, legal security, and family of the
girls, boys and adolescents are composed of:

C) To request and receive information about its origin, about the identity of its
parents and to know their genetic origin, except in cases where the law prohibits it;

D) To live and grow in the heart of a family, to know their parents and
maintain personal relationships and direct contact with them, even in the case of
to be separated, unless it is contrary to the best interests of the girls and boys

and adolescents;

That is why I request from you, Honorable Judge, that custody be granted to me.

shared custody of my youngest daughter, otherwise her rights would be violated.

their rights enshrined in the aforementioned article, added that they do not
they have committed acts contrary to those prohibited by law and that these me

they discredit me to have joint custody of my minor daughter, and to

strengthening the above, the following jurisprudential thesis applies, which
the lyrics say:

Registration No. 171206

Location:
Ninth Era.
Instance: Collegiate Circuit Courts
Source: Judicial Weekly of the Federation and its Gazette
XXVI, October 2007
Page: 3120
Thesis: I.3o.C.645 C
Isolated Thesis
Subject(s): Civil
SHARED CUSTODY PROVIDED FOR IN ARTICLE 282, FRACTION
V Y 283 OF THE CIVIL CODE FOR THE FEDERAL DISTRICT, ELEMENTS
WHAT SHOULD BE TAKEN INTO ACCOUNT TO DECLARE IT.

From the explanatory statement contained in the initiative for the reform of the Civil Code
for the Federal District, published in the Official Gazette of the Government of the District

Federal on September sixth, two thousand four, regarding guardianship and

custody and right of cohabitation of minors subject to parental authority, with
reasons for which articles 282, fraction V and 283, second were reformed
paragraph, both from the Civil Code for the Federal District, whereby
the legal figure known as shared custody was established, it is noted that the
the legislator aimed to harmonize the rights of ascendants and
other relatives with the minors because they have a sphere of protection
insufficient and precarious, turning them into subjects in conditions of
vulnerability and in some situations in social disadvantage; regarding this,
they took into account the different situations of social reality, like when
both parents exercise parental authority, but only one of them has the
guardianship and custody of minor children or when each of the
parents have the guardianship and custody of one or several minors; that is,
the mother exercises it over one or several children and the father over another or others

various; according to this, the content of the current civil norms has
as a guiding principle the best interests of children to harmonize the
legitimate rights of the father and the mother; all this without detriment to
well-being of minors and ensuring the fulfillment of their duties
schoolchildren and their rights regulated under the Law on the Rights of Girls and
Children in the Federal District, as in the Youth Law of the District
Federal, and such regulation establishes that it must be prioritized as much as
possible and provided that it does not pose a risk to minors, the
origin of shared custody, taking into account, where applicable,
opinion of the minor, and that literally article 283 referred to establishes that
the shared custody regime should be sought as much as possible, allowing the
boys and girls to remain fully and without limits with both parents, in
where the term 'possible' implies possibility, ability, that can be or
happen, and it translates to the fact that judges must determine based on the
particular circumstances of the case, observing the previously highlighted factors,
when shared custody is appropriate for the children to stay with
 fully and unlimitedly with both parents. For the second assumption, related
to the full and unlimited permanence of the children with both parents, it is necessary to

address various aspects, such as the family situation that prevails in the
environment of the minor, the treatment or relationship that the parents maintain with each other, the

circumstances that in their case gave rise to the separation or divorce, the
conduct of these towards minors, issues such as the place of
parents' residence, the child's school, the ease of transfer
for these places, in addition to the various activities that one could undertake
minor, where it must also be considered that there will be situations in which

it could be appropriate to decree joint custody and other matters that by the
specific circumstances of the matter it will not be possible to determine that the children

remain fully and indefinitely with both parents, from which it is obtained
that it is not only realized with the permanence of the minors with
both parents, but yes with the other elements inherent to custody, such as
it is the participation of both parents in the decision-making on issues
relevant factors that impact the physical and spiritual protection and development of the

children, as well as in the joint satisfaction of all needs of

this, all of which is combined with the right to coexist with the children, to relate to

with them, to be aware of their life and education and above all to participate
actively in the decision-making inherent to their better development,
related to their education, moral training and the control of their relationships with

other people.

THIRD COLLEGIATE COURT IN CIVIL MATTERS OF THE FIRST CIRCUIT.

Review Amparo 189/2006. July 13, 2006. Unanimity of votes.
Neófito López Ramos

Thus, the defendant states that she should be granted a pension

sufficient, taking into account that the actor's income is
lower than those of the defendant, so I ask your Honor to reason and
taking into account that the actor's income is lower, and in the
intelligence that the defendant is not entitled to the right due to their
incomes are higher than those of my client, as it was agreed
demonstrated in the certificates that were presented to the court, signed by the

Field Secretary, place and source of work of the demand where

prove that your income is higher than that of the actor, thus the
the obligation to provide support to the children is of both parents, taking
keep in mind that it will be you who determines the circumstances of the case, as well as

the capacity of the spouses according to their economic situation in which they are
find, to resolve the payment of the pension, as stipulated by the
article 284 of the Civil Code for the state, and with the understanding that it is
I confess in the statement of positions where she said that they are income.
are superior to those of its articulator, along with what is stipulated in article 307,
of the same code, which literally says:

Article 307.- Food must be provided according to the possibility of the one who
must give them and to the need of the one who must receive them.

That is why I request you, Mr. Judge, to set an appropriate amount for me.
for the pension of my minor daughter according to the income I earn,
taking into account that the essential element of alimony is the
Proportionality, therefore, when setting an adequate pension proportional to
the income I receive from my job will be in the position to
to provide them properly, without leaving them abandoned or failing to comply

ordered.

For the same reason and being on time and in the same way, I was also
grant the liquidation and/or termination of the marital partnership that
Currently, we are connected with my spouse, since we got married.
marriage, we have not acquired any assets either movable or immovable due to
there are not enough assets to divide, and the termination of the marriage given that
We have been separated for more than six months since the beginning of this trial, just like that.

as stipulated in Article 263, section VIII of the current Civil Code in this
entity, and as I demonstrated with the testimonies that were given in their
testing phase, and that the defendant did not dispute and agreed to these
accepting the facts that were recorded in the proceeding of
testimonials, given that the defendant did not present any evidence to
to demonstrate his statement, therefore I ask that my requests be granted in the

sentence that you, Judge, issue in the present trial, considering in the
second paragraph of numeral 279 of the current Civil Code for the state, by
the legal arguments and evidence that were presented at the time
opportune.

For the reasons stated and based; To you, Honorable Second Judge of Family Law of

Judicial District of Tuxtla of the Judiciary of the State, respectfully

I request:

UNICO.- Consider me as presented in the terms of this document.

And to agree it as proceeding according to law.

I PROTEST THE NECESSARY.

Tuxtla Gutiérrez, Chiapas.
On the 15th day of May 2012.

Licensed HENRY QUIÑONEZ BALBUENA