Personal Care of Children
Wolfenson Lawyers focuses on family law, to advise our clients on the personal care (custody) of their children or minors.
Personal care (formerly known as tuition) in Chile is regulated by our legislation, it is for this reason that we provide our clients with the legal advice necessary to initiate legal actions aimed at obtaining the care of their children, or the defense of those , before eventual demands.
Our firm provides comprehensive representation for the protection of your children against claims originating in this area, frequent in the face of family separation.
Here is a legal guide to provide you with guidance on child personal care:
What is personal child care?
It is what was previously known as “tuition” , and corresponds to the personal care of the upbringing and education of children.
Who is responsible for the personal care of the children?
In general, 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 . However, personal care can be based on only one of them and even other relatives or people.
What is shared personal care?
Shared personal care is a regime of life 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 reach an agreement?
If the father and mother live separately, they can 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 an extended act before any official of the Civil Registry and be sub-registered regardless 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 fulfilling the same solemnities.
What happens if there is no agreement?
If there is no agreement, the children will continue in the personal care of the father or mother with whom they are living. The family judge may attribute the personal care of the child to only one of the parents, when circumstances require it and the best interests of the child make it convenient. In no case may the judge base his decision exclusively on the financial capacity of the parents. When the judge attributes the personal care of the child to one of the parents, he 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 and regular relationship with the children , considering your best interest.
What are my responsibilities as a parent when obtaining personal care for my children?
Take care of your upbringing and education . However, by virtue of the principle of co-responsibility , the law stipulates that, whether they live together or separately, the mother and father must participate actively, equally and permanently in the upbringing and education of children. In the absence of parental 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 on the child's property until he is emancipated , which happens for example when he reaches the age of majority or marries.
What criteria must the judge consider to grant personal care?
to) The emotional bond between the son and his parents and other people in his family environment.
b) The aptitude of the parents to guarantee the well-being of the child and the possibility of procuring a suitable environment, according to their 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 of the parents to cooperate with the other , in order to ensure maximum stability for the child and guarantee a direct and regular relationship.
and) The effective dedication that each of the parents provided the child before the separation and, especially, the one that he can continue developing according to his possibilities.
F) The opinion expressed by the son.
g) The result of the expert reports that have been ordered to practice.
h) The parents' agreements before and during the respective trial.
i) The address of the parents.
j) Any other relevant antecedents in the best interests of the child.
Can personal care be left to someone other than the mother or father?
In the event of physical or moral incapacity 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.
Wolfenson Abogados provides excellent legal advice with lawyers specialized in personal care (custody) of the minor.
Links of interest on Personal Care of Minors in Chile :
1.- Civil Code
2.- Law That Creates Family Courts (Law 19.968)
3.- BCN - Equality of father and mother in childcare
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding the personal care of children, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.