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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.


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:


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

- 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.


- 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.

- 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.

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◦  Divorce and Children
◦  Children and Separation
◦  Divorce and the way the children should be handled
◦  Adult Children and Divorce
◦  Alimony
◦  How to Survive Infidelity
◦  Alimony agreements
◦  Being Gay Married
◦  Blended Families
◦  Children and Divorce
◦  Complaints of Divorced People
◦  Different Types of Divorce
◦  Difficult Relationships
◦  Divorce is Not The War of Roses
◦  Divorced with Children
◦  A Man Can Adopt
◦  Divorces and Separations
◦  Does Getting Divorced Mean Failing
◦  Extramarital Affairs
◦  Female infidelity and The Paternal Role
◦  Getting divorced step by step
◦  Getting separated is a difficult decision
◦  Grandparents, grandchildren and divorce
◦  Healing the crisis of the separation
◦  How to end an unhealthy relationship
◦  How to forget your ex
◦  How to prepare financially for a divorce
◦  Infidelity and mate choice
◦  Overcoming a separation or divorce Tips for men
◦  How to protect your money in case of divorce
◦  Preparing for the separation
◦  How to recover from a divorce
◦  Romantic dating after a divorce
◦  Separations Agency
◦  Some tips to overcome the divorce
◦  Text messages, causes of divorce
◦  The Anti Divorce Vaccine
◦  The causes of divorce
◦  The consequences of divorce
◦  The custody of children
◦  The fault with a divorce
◦  The male view of divorce
◦  The relationship with your ex partner
◦  The right of grandparents to maintain contact with their grandchildren(244)
◦  Visitation of the children
◦  What is the fault divorce
◦  What to do with the house after separation
◦  When does the divorce trial end