Child custody in Mexico
In Mexico each state has its own civil code; in general both parents have parental authority (patria potestad) and the court decides custody by the child's best interests.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents have parental authority.
If the parents are not married
Parental authority belongs to the parents who have acknowledged the child, though the details differ from state to state.
The unmarried father, in one line: Differs by state, region or province.
After a divorce or separation
Parental authority continues after divorce. The court decides custody (guarda y custodia) by the child's best interests, and an increasing number of states favour shared custody.
What the child can say
The child's opinion is heard according to age and maturity.
Moving house or moving abroad with the child
The official sources do not give a simple rule on this point; where parents share responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission.
If the parents live in different countries
Mexico is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
What to watch for
- Each of the 32 states has its own civil code, so the answer depends on the state. This entry describes only the usual pattern.
Understand the legal system first
Mexico belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Mexico legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Mexico? →
Divorce rate and trend in Mexico →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

