LEGITIMACIÓN DE LA MADRE PARA RECLAMAR, EN EL MARCO DEL PROCESO DE DIVORCIO, ALIMENTOS EN FAVOR DE LA HIJA MAYOR DE EDAD DECLARADA INCAPAZ Y CUYO TUTOR ES SU HERMANO.

Abstract

A daughter who is of legal age has been declared incapable. This fact does not terminate her parents' obligation to maintain her, not even when her parents are divorced. Instead, it accentuates the obligation, for, because of the daughter's serious, incurable mental disability, the obligation persists over time. In fact, the best place for the daughter to be is in her mother's care. Her father's obligation with respect to her continues pursuant to articles 92.1 and 93 of the Civil Code, as long as she remains in the family home and has no income of her own, even if her parents are divorced.