FAMILY TRIALS

What is custody and to whom does it correspond?

Custody is the set of rights and duties that correspond to the parent who lives with their child, or to the person determined by the Court, legally empowering them to ensure the child’s upbringing, establishment, and education.

What is shared custody?

Shared custody is an arrangement agreed upon by both parents when they live separately, concerning the upbringing, education, and residence of their common children, in order to ensure their adequate stability.

Law No. 20,680 on custody establishes the principle of joint parental responsibility, which states that even if the parents live apart, both will actively, equitably, and permanently participate in the upbringing and education of their children.

How is the custody agreement formalized?

The custody agreement must be formalized through a public deed or a record drawn up before any civil registry officer, which will then be recorded in the margin of the child’s birth certificate.

What does the custody agreement establish?

It sets out the frequency and freedom of visits that the parent who does not have custody will maintain with the child.

Can custody be claimed through a lawsuit?

Yes. A lawsuit must be filed before the Family Court. The Court may assign the custody of the child to the other parent, or grant shared custody, when circumstances so require and the child’s best interest so indicates.

Under no circumstances may the Court base its decision solely on the parents’ economic capacity.

The Court must consider the following criteria:

– The emotional bond between the child and their parents, and other members of the family environment.
– The ability of the parents to guarantee the child’s well-being and provide a suitable environment according to their age.
– The contribution to the child’s maintenance while under the care of the other parent, if possible.
– The attitude of each parent to cooperate with the other to ensure the child’s maximum stability and to guarantee regular contact.
– The effective dedication each parent gave to the child before separation, and the one they can continue providing according to their circumstances.
– The opinion expressed by the child.
– The results of expert reports.
– Agreements made by the parents before and during the trial.
– The residence of the parents.
– Any other relevant circumstances considering the child’s best interest.

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