Colate Vallejo-Nágera has filed a motion for reconsideration in the Miami family court, seeking to overturn a ruling that allows his son Andrea Nicolás to remain living with his mother, Paulina Rubio, in Florida. The motion, presented on August 24, argues that the judge ignored the teenager's wishes and made errors of fact and law .
On August 9, Judge Marlene Fernández ruled that Andrea Nicolás must live with Rubio in Miami, rejecting Colate's request to move the boy to Madrid. The judge reportedly considered the 15-year-old's preference for Spain as manipulated by his father . The decision also approved a modified parenting plan as requested by Rubio .
Colate's legal team, led by Aliette Carolan, filed a motion for reconsideration instead of an appeal, which would be costly and take at least 18 months—by which time the boy would be near adulthood . The motion contains more than 70 points, including claims that the judge ignored the minor's testimony, that a therapist and guardian said the boy cannot live with his mother due to stress, and that the judge failed to compare benefits of living in Madrid versus Miami .
Rubio's lawyer, Sandra Hoyos, stated that the case continues before the courts and that any arguments will be presented legally: "In this stage, the documents speak, the arguments speak, and the Court speaks" . Reports indicate Rubio is calm and confident in her position .