Fathers' rights in Costa Rica

At Melendez & Bonilla , we are experts of family law in Costa Rica, and for years, we have provided legal support to couples and divorces as well as protecting the rights of children and victims of domestic violence. One of the legal services we provide is upholding the rights of fathers as it pertains to gaining access to their children, especially in cases where they are no longer in a relationship with the child's mother.

According to Costa Rica's Family Law, the biological parents of a child have the right to seek legal or physical custody of the child if it can be proven beyond reasonable doubt that

1. They pose no danger to the child

2. Getting custody of the child is in the child's best interest

As a father, you have every right to get access to your child regularly regardless of whether you are married to the child's mother or not. Being the biological father, you have every parental right just like the mother does.

A common notion held by many in Costa Rica is that mothers have more rights over children than fathers do, but this is soundly false. So it comes as no surprise to us when men walk into our chamber with a defeated mindset because the mothers of their children are barring them from seeing their kids.

At Melendez and Bonilla, we excel in these types of cases and have a successful track record in helping fathers gain regular access, and in special cases, gain permanent custody of their children in a divorce case.

The Ley De Paternidad Responsable Law

The Ley de Paternidad Responsable Law, also called the 8101 law, was passed in 2001 to protect the rights of unmarried mothers and to get the fathers of their children to be responsible for the child's upkeep. DNA tests are conducted if the man in question insists that he is not the father, and should the results come out positive, he will become responsible for the child's financial well-being until 18 years or older. If he is not, he can sue the mother for malicious intent.

Reviewing this law in a broader context, a father who is responsible for a child's upkeep has as much right over the child as the mother and our law firm is well placed to advocate for Fathers who have been maliciously shut out of their child's life by the mother.

Do you still have rights if you were not present at the child's birth?

According to the family law of Costa Rica, you still have the father's rights over the child even if you were absent at the time of birth. However, if you were not legally married to the mother, you will have to establish paternity to activate the rights. This may be done by you and the mother at a family court, or in the case of disputes; a DNA test will be conducted to establish paternity.

Can you gain custody of the child?

Gaining child custody in Costa Rica involves many factors which the courts will look at before making a decision. The first thing the court will consider is the safety and comfort of the child. With which parent will the child's best interests be served? The father of the mother?

As the father, you will need to prove beyond reasonable doubt that your child will be most comfortable with you. You will also have to prove that you are present and active in the child's life. You may be asked to present evidence like

• Letters
• Text messages
• Photographs
• Financial records of monthly child care payments
• Medical and school reports
• Police reports
• Video/Audio recordings

And any other record to prove that you are a responsible parent. If the court makes the determination that the child will be better served staying with you, you may be granted custody.

Our Law firm is very experienced in cases involving custody battles and upholding the right of fathers. So if you are having issues with the mother of your children and your rights have been trampled upon, we can help. Contact us for legal representation, and rest assured that we will help you get redressed in court.