HONORABLE JUDGE OF THE FAMILY COURT OF THE CITY OF HUEHUETENANGO,

HUEHUETENANGO DEPARTMENT.

JUAN CARLOS LÓPEZ RIVAS, twenty-seven years old, single, Guatemalan, student, originally from, neighbor and

domiciled in the Municipality of Huehuetenango, in the department of Huehuetenango, I act under Assistance,

Address and Legal Representation of Lawyer BEKY NOEMY LOPEZ BRIONES, and I designate a place to receive

notifications fifth street five dash eighty-four second level of zone one of the city and municipality

from Huehuetenango; before you I respectfully come to promote: ORAL TRIAL LAWSUIT OF

PARENTAL RELATIONS against Mrs. LIZZY MAYTE MORENO ARGUETA, who by this

only once and for not knowing the exact address of their residence, they may be notified of this lawsuit, in

its workplace located at 3rd Avenue 3-48 in Zone One

1) of the municipality of Huehuetenango, in the premises where a clothing store called DE TODO A LA operates.

MODA, formerly Foto Gean, informing you of the obligation to provide a location for the following

notifications. I present this lawsuit based on the following:

STATEMENT OF FACTS:

REGARDING THE QUALITY IN WHICH I ACT: Mr. Judge, I appear in my capacity as the father of my minor daughter.

IZABELLA MAYTÉ LÓPEZ MORENO, who is approximately two years and five months old, quality that

I believe with the simple photocopy of the birth certificate issued on July ninth, two thousand fifteen,

by the Civil Registrar of the National Registry of Persons RENAP based in the city of Huehuetenango.

BACKGROUND:

a) It is the case, Your Honor, that with the defendant, after a casual relationship, we conceived our daughter.

minor IZABELLA MAYTÉ LÓPEZ MORENO, registering this birth on February sixteenth of two

one thousand thirteen and after the birth of our daughter, I have always been responsible for providing her with the essentials for her

subsistence, initially providing him with everything he needed for his sustenance and needs in kind.

basics.
b) Since I learned that I was pregnant and after her birth, I have been demanding her today.

good relationship of friendship and responsibility with my daughter, I have never intervened in her personal life or relationships

the defendant, as she is free to enjoy and rebuild her life, but it is honorable judge, that since

About a year ago, Mrs. Lizzy Mayte Moreno Argueta, after finding out that I have a relationship with

relationship, has unfoundedly gotten upset with me, to the point of completely denying me the chance to...

I have a relationship with my youngest daughter, who at her age knows and identifies me as her father, and personally, I love and

I love my daughter, and I need to connect with her, just because I have a girlfriend doesn't mean I forget about her.

even the defendant has prohibited my parents from having contact with their granddaughter whom

they know and love.

c) As I indicated from the beginning, I have always practiced responsible parenting, initially I

provided in kind his sustenance, subsequently and additionally I have provided the defendant with the

an amount of four hundred quetzals per month, for which I sometimes requested a receipt for the money delivered in

concept of alimony, and to date I provide in addition to what I give in kind the

the amount of SIX HUNDRED QUETZALES EXACTLY as alimony in favor of my minor daughter

of age, which I have started to deposit in a bank account.

d) In addition to the above, my little daughter has MEDICAL SERVICE funded by me, and

I am also investing in a future savings plan in her name so that later she can rely on it.

with capital that is invested in her education; likewise, as a responsible parent, I have acquired for her a

property located in the village of Terrero of this municipal jurisdiction so that she, from her young age, secures a

own assets. Extremes that I document individually in the evidence section.

For the considerations expressed, Your Honor, I believe that as far as I am concerned as a father

I have been responsible for the care and maintenance of my daughter IZABELLA MAYTÉ LÓPEZ MORENO, for

that the defendant's refusal to allow me to interact with my daughter is totally selfish and without

no basis of any kind, as we are both free to live and be happy with the person we

understand and feel loved, I have no intention of living together with the defendant, a situation that
I have made it clear to him and for the same reason he is selfishly using our daughter, clearly violating her.

his right to have, know, and relate to me as a father, whenever my daughter asks at her young age

to relate to me; thus, the purpose of this lawsuit regarding parent-child relationships is that you, sir

judge, when the appropriate procedural moment arrives, compel the defendant to allow me to freely associate with

my minor daughter IZABELLA MAYTÉ LÓPEZ MORENO.

OF THE PRECAUTIONARY MEASURE:

By virtue of what is stated in this demand, and based on the second paragraph of article twelve of the Law

from Family Courts, I request the Honorable Judge to decree as a precautionary measure: 'That I be authorized

freely interact with my daughter IZABELLA MAYTÉ LÓPEZ MORENO, while the current process is being resolved.

FUNDAMENTAL OF LAW:

In all measures concerning children taken by public or private welfare institutions

social courts, administrative authorities or legislative bodies, a primary consideration to

what will be addressed is the best interest of the child." "Article: 1 of the Convention on the Rights of the Child. "The

States parties commit to ensuring the child the protection and care that are necessary for their well-being.

considering the rights and duties of their parents." Article: 2 of the Convention on the Rights of

child. 'The parties shall respect the responsibilities, rights and duties, or in their case, those of the members.

of the family." Article: 5 of the Convention on the Rights of the Child." "The state of Guatemala is organized to

to protect the person and the family; its supreme purpose is the realization of the common good.” Article: 1 of the Constitution

Policy of the Republic of Guatemala. "It is the duty of the State to guarantee the inhabitants of the Republic their life, the

freedom, justice, security. Peace and the comprehensive development of the person.” Article: 2 of the Constitution

Policy of the Republic of Guatemala. "The state guarantees and protects human life from its conception, thus

as integrity and the security of the person." Article: 3 of the Political Constitution of the Republic of Guatemala.

The state guarantees the social, economic, and legal protection of the family and will promote its organization on

legal basis of marriage, the equality of the spouses, RESPONSIBLE PARENTHOOD… Article: 47

From the Political Constitution of the Republic of Guatemala. "In matters submitted to the exclusive jurisdiction
Family courts are governed by the oral trial procedure regulated in Chapter II of Title II.

from Book II of the Civil and Commercial Procedural Code" Article 8 of the Family Courts Act. "Family courts

Families have discretionary powers. They should seek to ensure that the weaker party in family relationships

remained duly protected; and for this purpose, they will issue the measures they deem appropriate. Likewise, they are

obliged to investigate the truth in the controversies presented to them and order the evidence procedures that

necessary estimates, having to even directly question the parties about the disputed facts, and

they will appreciate the effectiveness of the test according to the rules of sound criticism. In accordance with the spirit of this law,

when the judge deems it necessary to protect the rights of a party, before or during the processing of

A process may, ex officio or at the request of a party, dictate all kinds of precautionary measures, which will be ordered.

without further proceedings and without the need to provide a guarantee. Article 12 of the Family Courts Law. "The parents

they may agree to whom the children are entrusted: but the judge for serious and justified reasons can rule on

different way considering the well-being of the children. The judge will also be able to rule on custody and

care of minors based on studies or reports from social workers or specialized organizations

in the protection of minors. Based on studies or reports from social workers or organizations

specialized in protection of minors. In any case, TAKE CARE THAT PARENTS CAN

FREE COMMUNICATION WITH THEM”, Article: 166 of the Civil Code. “Whatever the case may be, the

stipulations of the agreement or the court decision, the father and mother are subject, in all cases, to the

obligations they have towards their children and RETAIN THE RIGHT TO RELATIONS WITH THEM AND TO

"OBLIGATION TO MONITOR YOUR EDUCATION." Article 167 of the Civil Code. "At any time it may issue, to

request from one of the parents or from blood relatives or from the Public Ministry (PGN), the provisions

that are deemed beneficial for the children and that are required by new facts." Article 168 of the Civil Code.

The husband is the father of the child conceived during the marriage... "Article 199 of the Civil Code. " The paternity

Authority is exercised over minor children jointly by the father and mother in marriage... Article

Article 199 of the Civil Code: 'Parental authority is exercised over minor children jointly by the father and the mother.'

in marriage... "Article 252 of the Civil Code." "The father and mother are obliged to care for and support their
children, whether or not from the marriage, to educate them and correct them..."Article: 253 of the Civil Code. "It will be processed in court

oral: 1st…2nd….3rd…4th…5th…6th…7th… The matters that by law or by agreement between the parties must

to follow, on this path." Articles: 199 of the Civil and Commercial Procedural Code.

Outside of the cases regulated in the previous articles and in other provisions of this Code regarding measures

precautionary measures, anyone who has legitimate reason to fear that during the time necessary to assert their right to

through the processes established in this Code, such right is found threatened by an imminent harm and

irreparable, you may request from the Judge in writing the urgent measures that, depending on the circumstances, appear

more suitable, to temporarily ensure the effects of the decision on the merits.” Article 530 of the Code

Civil and Commercial Procedural.

TESTS:

a. STATEMENT OF PART: That the lady: Lizzy Mayte Moreno Argueta, must provide in form

personal and not through a representative, in accordance with the list of positions that I attach in the envelope to

present memorial, under the warning that if I fail to appear for the scheduled hearing without just cause

For this purpose, my request will be considered as confessed.

b. EXPERT OPINIONS: Based on the last paragraph of Article 10 of the courts law

family, I request that the social worker assigned to the court before whom I submit my claim issues a ruling as

expert in the present case, as well as the Psychologist assigned to the same Court, regarding the emotional state of the

claim in the present process.

DOCUMENTARY:

I. Simple photocopies of my personal identification document.

II. Simple photocopy of the birth certificate issued by the Civil Registry of Persons,

National Registry of Persons of Guatemala RENAP, as of July ninth, two thousand fifteen, in the name of

IZABELLA MAYTÉ LÓPEZ MORENO, document that legitimizes my appearance.

III. Simple photocopy of four receipts where it is noted that I initially provided to the defendant for

support for our daughter the amount of FOUR HUNDRED QUETZALES EXACT, apart from what was provided in
species; and a simple photocopy of the monetary deposits for the amounts of SIX HUNDRED EXACT QUETZALS

What is the amount that I currently provide as child support, the amount deposited in the Bank.

of Rural Development S.A. to account number 4426240389 in the name of Izabella Mayté López Moreno, dated

June sixteenth and July thirtieth of two thousand fifteen, corresponding to both months, being solvent to the

date in the amount I provide you as alimony.

IV. Simple photocopy of the FUTURE SAVINGS PLAN policy, number two hundred eighty-six thousand

seven hundred seventy-five, in the name of IZABELLA MAITE LÓPEZ MORENO, with which I intend to prove what

asserted in the section of facts.

V. Simple photocopy of the medical service (EPSS) contracted in favor of my daughter IZABELLA MAYTÉ LÓPEZ

MORENO, which has been helpful when our little daughter has fallen ill, with this document I intend to

test what was stated in the facts section.

VI. Simple photocopy of the public instrument number one hundred twenty-six (126), issued on the twelfth of

May two thousand fourteen, in this city, before the offices of the notary Héctor Humberto García López, instrument

What protects the property acquired by me in favor of my minor daughter ISABELLA MAYTE LOPEZ

MORENO. With which I intend to prove the responsible parenthood that I assume before my minor daughter.

PRESUMPTIONS: The legal and human presumptions that can be deduced from the aforementioned facts are

the honorable Judge.

REQUESTS:

PROCEDURE:

Let this Memorial and the attached documents be considered presented and received, forming the

file in accordance with the law.

b) That the DEMAND FOR ORAL TRIAL OF PARENTAL RELATIONS be accepted for processing,

what I promote against Mrs. LIZZY MAYTE MORENO ARGUETA.

c) To have the proposed person as Auxiliary Lawyer, director, and Prosecutor, and as a place to receive

notifications the indicated.

place of work located at third avenue three dash forty-eight in zone one (3rd avenue 3-48 zone)

1) from the municipality of Huehuetenango, in the place where a clothing store called EVERYTHING FOR ALL operates.

MODA, formerly Foto Gean, informing you of the obligation to indicate a place to receive the following

notifications within the urban perimeter of that Court's headquarters, otherwise the subsequent ones are made by

the benches of the court

e) That a day and time is timely set for the parties to appear at Oral Trial.

to present ourselves with our respective means of proof at the hearing for that purpose

indicate, under the warning of continuing the trial in default of the party that does not appear.

That the proposed and individualized means of evidence from my part be considered offered, and in

consequences are admitted for their legal processing, in turn they are received and fully processed with

citation from the opposing party for them to be admitted for processing in the hearing that is

indicate for the purpose, and have the quality with which I acted in this process accredited.

g) That Lizzy Mayte Moreno Argueta be summoned to the first trial hearing.

oral that is indicated within the present case, appear in person and not through a representative or

to give a statement in accordance with the list of positions that I attach to this document

memorial, under warning that if I fail to appear without just cause, I will be taken as confessing.

request.

h) By virtue of what is related in this complaint, and based on the second paragraph of article 12

from the Family Courts Law, I request the Honorable Judge to decree as a precautionary measure: 'That I be ...

I authorize myself to relate freely with my minor daughter ISABELLA MAYTÉ LÓPEZ MORENO while the case is being processed.

present Process.

IN THE BACKGROUND:

a) That when the procedural moment of issuing a sentence within the present process arrives, it be declared in favor of the

LAWSUIT FOR ORAL TRIAL OF PARENTAL RELATIONS, which I file against Mrs.: LIZZY
MAYTE MORENO ARGUETA and as a consequence, the defendant is ordered to allow me to spend time with my

minor daughter IZABELLA MAYTÉ LÓPEZ MORENO, allowing me to interact with her until she reaches

upon reaching adulthood, requesting that to avoid misunderstandings, the defendant provide me with my daughter

freely and especially on holidays, upon agreement with the defendant and maintaining communication and

mutual respect regarding matters concerning our minor daughter.

b) That the costs of the present proceedings be borne by the plaintiff.

c) That a certified copy of the [...] is issued to me promptly, with the legal formalities and at my expense.

sentence.

CITATION OF LAWS: In addition to the articles mentioned in the legal basis, Articles: 18, 20, 28, 29, 44, 51,

55, 61, 63, 64, 66, 67, 70, 71, 75, 79, 106, 107, 111, 112, 113, 114, 164, 172, 173, 177, 178, 186, 194, 195, 196, 198,

199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 240, 516, 530, 532. Of the Civil and Commercial Procedural Code;

141, 142, 143 Law of the Judicial Organism.

COPIES: I accompany the original and three copies of this memorial, attached documents, and an envelope.

PLACE AND DATE: Huehuetenango, July thirtieth of the year two thousand fifteen.

In its Assistance, Direction and Prosecution:

MORENO ARGUETA, personally and not through a representative, IN THE HEARING

THAT FOR THE EFFECT THE JUDGE OF THE FIRST INSTANCE COURT OF

FAMILY, FROM THE DEPARTMENT OF HUEHUETENANGO, IN THE ORAL TRIAL OF

PARENTAL FILIAL RELATIONS, FOLLOWED BY THE ACTOR JUAN CARLOS LÓPEZ RIVAS.

1) Tell the witness if it is true that they know Mr. JUAN CARLOS R/LÓPEZ
______________
RIVAS?

2) Say the signatory if it is true that you have a minor daughter named

Izabella Mayté López Moreno? R/ ______________

3) Tell the court, is it true that the father of the minor is Mr. JUAN CARLOS LÓPEZ RIVAS?

. R/ ______________

4) Tell the absolvent if it is true that Mr. JUAN CARLOS LÓPEZ RIVAS, at that time, acknowledged the

minor Izabella Mayté López Moreno? R/ ______________

5) Tell the court if it is true that Mr. JUAN CARLOS LÓPEZ RIVAS, since the minor was born

Has Izabella Mayté López Moreno exercised her parenthood responsibly? A/ ______________

6) Tell the absolvent if it is true that Mr. JUAN CARLOS LÓPEZ MORENO, to date has

provided to the minor Izabella Mayté López Moreno, financial assistance and has ensured her well-being

welfare of the minor at all times? R/ ______________

7) Tell the judge if it is true that the minor Izabella Mayté López Moreno, at her young age, has

related to his father and recognizes him as such? R/ ______________

Say to the graduate if it is true that you have denied communication to him/her approximately a year ago.

Mr. JUAN CARLOS LÓPEZ RIVAS, with his daughter Izabella Mayté López Moreno? .

. R/ ______________

Say to the absorver if it is true that Mr. JUAN CARLOS LOPEZ RIVAS has begged you several times.

Why do you allow him to associate with your minor daughter? A/ ______________
Say to the graduate if it is true that you do not like that the girl Izabella Mayté López Moreno, is

Do you relate to your father because he currently has a dating relationship? A/ ______________

Say the absolvent if you believe that Mr. JUAN CARLOS LÓPEZ RIVAS has the right to engage.

with his daughter Izabella Mayte López Moreno? R/ ______________

12) Tell the respondent if it is true that you are going to let the girl Izabella Mayté López Moreno allow

What relates to your father JUAN CARLOS LÓPEZ RIVAS? A/