Child Custody Rights in Costa Rica

Costa Rican laws are slightly more complex than standard custody laws and you need to be sure you are getting the correct information at all times. A lot of the guidelines are impacted by the situation occurring that warrants the actual custody case.

If you are married and living in Costa Rica, both as Costa Rican citizens, this should be a straight forward custody case of mutual agreement between both parties and the Judge will agree to this if it is in the child’s best interest. In many cases the custody is successfully shared between the parents, making sure the child has access to good education, medical health and stability. This can work for many families however; the time shared is not always equal. Time shared can mean an agreement, such as when each parent gains custody of the child. For instance the parent able to take the child to school each day would gain custody Monday to Friday.

In the majority of cases where a mutual agreement cannot be agreed upon the mother will be granted full custody with child support payments to be supplied by the father. This is not always the case and the Father can still apply for full custody if they so wish it.

There are cases however; where the father or other family members would be deemed as the better option for custody. If in the unfortunate case, the mother is deemed unfit because she is either violent, reliant on illegal drugs or an alcoholic, (this list is not exclusive) this must be proven. If the mother is in fact deemed unfit to take custody of the child it is highly likely a judge would grant custody to the father or another family member that the child has close contact with.

The case becomes more complex if the father is not of Costa Rican citizenship. The case type and length would be dependent on information being supplied by both the husband and the wife such as where the child was born, what the child’s citizenship is listed as and circumstances which caused the parent to flee or return back to Costa Rica. Costa Rica has various laws that protect anyone from domestic violence; therefore, many females flee there to gain a refugee status in order to keep them and their children safe from harm’s way. The case may also be dependent on the reasoning behind the parents’ divorce or separation. If it is a breakdown in the marriage the child’s case would be treated as a standard custody case without complications.

As Costa Rica is signatory of “The Hague Convention” this does help to support all viewpoints on each case for all parties involved whether they are Costa Rican or a non citizen however your country must be a signatory in the Hague convention in order to use this avenue. A separate appeal needs to be made to “The Hague Convention” to gain their advice on an issue where abduction is involved. They are there to support and act in the interest of all involved however; they continue to act with the child’s best interest as their priority.