In an interview, Ortega Dueñas said that he began the legal process for custody of his son in August after the death of his former partner, Mary “N”. Ortega and Mary maintained a heterosexual relationship and continued a friendship after the birth of their son.
After the mother’s death, her family removed the child from school and kept the father from visitation, says Ortega. He reports the mother’s family requested that he give the child up to adoption services, which is when he petitioned the courts for full custody.
On October 3, Ortega received provisional custody while the case was being settled, however the family refused to turn the child over to the father based on his sexual orientation.
Within a month three hearings were carried out and the final courts awarded permanent custody to the father through the Family Courts of Nayarit.
Ortega was raised in Tepic, but currently lives in Guadalajara, Mexico, the State Capital of Jalisco.
Judge Guadalupe Martinez Castaneda made the final ruling for the eight year old boy’s custody in the lawsuit docket 1055/2014