By Jorge Calvillo (staff@latinospost.com) | First Posted: Oct 01, 2013 04:27 AM EDT

Nicolás Vallejo, better known as "Colate" and former boyfriend of Mexican singer Paulina Rubio, tried to commit her to a psychological evaluation to prove she doesn't have good mental health, according to Quién.

Businessman Colate affirms that the singer's bad mental health prevents her from carrying out her obligations as a mother which is why he asks that she undergoes an evaluation to be taken into account regarding the custody of their son, Andrea Nicolás.

The Web site explains that Colate will fight for his son's total custody after trying several times to get Paulina to spend more time with little Andrea Nicolás. TMZ affirms that the businessman plans to prove that the Mexican singer has unstable mental health as a way to win his son's custody.

Quién points out that, in 2012, the singer's ex had already asked for this evaluation, but the judge allowed Paulina to choose whether she'd make her psychological state public or not. Colate's plan now is to make the authorities force the "The X Factor" judge to undergo a psychological evaluation to obtain results and judge her as a mother.

The article highlights that the couple already reached a mutual agreement a few months back on the shared custody of Andrea Nicolás, but the agreement broke down after both of them accused each other of not complying with the agreement. First, Paulina's intimate friends accused Colate of taking the child to Spain when he was forbidden to do so and then the businessman himself claimed he had not seen the child since last Aug 3.

Paulina will once more have to show up in court after a successful career next to her current boyfriend Gerardo Bazúa who allowed her to step away from the long legal processes that chased her.