The custody of children

The law says that after a separation or divorce, guardianship and custody can be awarded to either parent. It is the judge that makes the final decision by analyzing several factors, but in 95% of cases, the ruling is favorable to the mother.

Guardianship and custody is a legal concept that defines who the child will live with when there is divorce or separation of their parents. If there is mutual agreement between the two parents on this issue, the judge may confirm what they have agreed on and give the custody to both of them, unless he finds that there may be a clear risk to children.

However, if no prior agreement, it is justice that decides.

If they do not agree ...

This course takes into account several factors:
- The brothers should not be separated.
- Their affective and emotional needs.
- The proximity of other family members (grandparents, for example).
- The availability of parents to serve them better or worse.
- If either spouse has some kind of addiction, mental illness or inappropriate behavior.

Tradition dictates

Another criterion that the judge takes into account and which is often the most decisive, is the dedication that each parent has had to the child before the break.

This is why despite the legal equality in gender when considering who should keep the children, in 95% of cases the children are attributed to their mother.

The educated mothers still play an important role, which has traditionally fallen on women, but there is also a new generation of men, who are involved and able to work, claiming the right for their children to live with them and the right to educate their children when the couple breaks up.

Visitation

According to justice, visitation is when the child lives with the parent who does not have custody. The most common is to establish visitation in alternate weekends and 50% of the holiday periods. However, parents can also introduce a weekday in the schedule so that the contact is more consistent.

When there is no agreement between the parties, some minimum time periods are established, days and hours of collection, as well as who will be the person to look after the minor children involved. When the child is older than 13 years old, their views are also taken into account when establishing the scheme and the dates of the visits.

Rights and obligations towards the children

Whether they are in charge of the children or not, both spouses have a series of rights and obligations towards the children:

CUSTODIAL

Rights
- Everyday enjoyment of children.
- Make decisions affecting children.
- Manage their property and alimony.

Obligations
- Feed, educate and give them the needed companionship and love.
- Facilitate implementation of visitation.
- Inform the other parent of major incidents that happen to the child.

NONCUSTODIAL

Rights
- Enjoy the visitation agreement.
- Be informed of all significant incidents.
- Exercise parental authority, which is still shared, unless the judge decides otherwise.
- Go to court if there is any breach or misunderstanding.

Obligations
- Agree to comply with everything stipulated in the contract (visitation, alimony ...)
- Care for them in all that relates to health, education and development of their person and personality.