The best interest of the minor as a guiding principle in the assignment of guardianship and custody of minors, above gender prejudice in Sinaloa.
DOI:
https://doi.org/10.35487/rius.v18i53.2024.868Abstract
The objective of this article is the analysis of the assignment of guardianship and custody of minors and incapable persons, derived from the process of divorce, annulment of marriage or dissolution of concubinage, an institution of fundamental family law for the conservation of relationships. relatives, where particularly in the Family Code of Sinaloa, preferential treatment is given to the mother over the father, when the children are under 12 years of age, leaving aside the best interests of the minor, which should be priority in this controversy, judging with gender stereotypes and prejudices, violating the principle of equality and non-discrimination based on international treaties and the Political Constitution of Mexico, also encouraging the continuation of gender roles that have prevailed for generations.
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