Equality of father and mother in the care of children in law

It gives an account of the norms on the personal care of children that equal the rights of the father and the mother.

What is personal care of children?
It is what was previously known as “tuition”, and corresponds to the personal care of the upbringing and education of children.

Who takes care of the personal care of the children?
If both parents are alive, the personal care of the children corresponds to both. This is based on the principle of co-responsibility, according to which both parents, even if they live separately, will participate actively, equitably and permanently in the upbringing and education of their children.

What is shared personal care?
Shared personal care is a life regime that seeks to stimulate the co-responsibility of both parents who live separately, in the upbringing and education of common children, through a residence system that ensures their adequate stability and continuity.

Can the father and mother come to an agreement?
If the father and mother live separately, they may determine by mutual agreement that the personal care of the children corresponds to the father, the mother or both in a shared way. This agreement must be established by means of a public deed or act issued before any official of the Civil Registry and be sub-registered outside of the birth registration within the legal term. The agreement will establish the frequency and freedom with which the father or mother who does not have personal care will maintain a direct and regular relationship with the children and may be revoked or modified by fulfilling the same solemnities.

What if there is no agreement?
If there is no agreement, the children will continue under the personal care of the father or mother with whom they are living.

The family judge may assign the personal care of the child to the other parent, or place it in only one of them if it is exercised jointly, when the circumstances require it and the best interests of the child make it convenient. In no case may the judge base her decision exclusively on the financial capacity of the parents.

When the judge attributes the personal care of the child to one of the parents, she must establish, ex officio or at the request of a party, in the same resolution, the frequency and freedom with which the other father or mother will maintain a direct

What are my responsibilities as a parent in obtaining personal care for my children?
Take care of their upbringing and education. However, by virtue of the principle of co-responsibility, the law establishes that, whether the father and mother live together or separately, they must participate actively, equitably and permanently in the upbringing and education of their children. In the absence of the parents’ agreement, the children will continue under the personal care of the father or mother with whom they are living. Additionally, the father or mother who has personal care also has parental authority, that is, the rights and duties over the child’s assets until they are emancipated, which happens for example when they reach the age of majority or get married.

What criteria should the judge consider to grant personal care?

a) The affective bond between the child and his parents and other people in his family environment.

b) The ability of the parents to guarantee the well-being of the child and the possibility of providing an adequate environment, according to his age.

c) The contribution to the maintenance of the child while he was under the personal care of the other parent, being able to do so.

d) The attitude of each parent to cooperate with the other, in order to ensure maximum stability for the child and guarantee direct and regular relationship.

and)The effective dedication that each of the parents procured to the child before the separation and, especially, the one that can continue to develop according to its possibilities.

f) The opinion expressed by the son.

g) The result of the expert reports ordered to be made.

h) The agreements of the parents before and during the respective trial.

i) The address of the parents.

j) Any other relevant background regarding the child’s best interests.

Can personal care be taken over by someone other than the father or mother?
In the event of physical or moral disability of both parents, the judge may entrust the personal care of the children to another competent person or persons, ensuring the best interests of the child. The closest blood relatives will be privileged, especially grandparents.

What right and what duty does the father or mother have who does not take personal care of the child?
You will have the right and the duty to maintain a direct and regular relationship with her, which will be exercised with the frequency and freedom agreed directly with the person who has her in her care. A direct and regular relationship is understood to be one that tends to maintain the link, through regular and stable contact.

The father or mother who exercises the personal care of the child will not obstruct the direct and regular relationship regime established in favor of the other parent.

 

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