La resolución de los alimentos, tenencia y visitas en sede notarial.

Abstract

The aim of this research is to analyze the theoretical and legal foundations for the implementation of child support, custody and visitation resolution in notary offices. This is a qualitative, descriptive research, using the historical legal – logic legal method. We suggest the implementation of legal changes with the aim of expanding the notary's responsibilities as a facilitator of non-adversarial solutions in divorce cases. We raise a specific problem related to notary’s work, the limiting powers of the notary to resolve mutual agreement divorces and common-law marriage terminations when there are dependent children involved. Currently, notaries have the capacity to manage mutual agreement divorces and common-law marriage terminations by voluntary jurisdiction. However, when there are dependent children, a mediation deed or a court ruling instead on the custody, visitation and alimony of the children are previously required. These issues could be addressed by the notary if granted the power to conciliate. We concluded that it is necessary to carry out a regulatory reform to grant the notary the authority to act as a mediator only in the aforementioned cases. This would make it possible to find a comprehensive solution to divorce cases without the need to resort to the judicial system or a mediation center.