PERENTS VISITING RIGHT

The perent that does not holds custudy has the right to visit his/her child  the legal arrangement that allows a child to maintain a relationship with the parent who does not have custody of the child.

Who can request the visits?

In most cases, the request for a visits regime may be made by the parent who does not have custody of the child. However, in some situations, grandparents may also request it.

Procedure to request a visitation regime

The procedure for requesting a visitation regime depends on whether there is an agreement between the parties.

If there is an agreement, there are two alternatives:

– It can be formalized through a record drawn up before a civil registry officer, signed by both parents, specifying in detail who will have custody and how contact with the other parent will take place.
– It can also be established through a public deed executed before a notary.

If there is no agreement, there are two options:

– Through agreement a process where the parties meet with a professional who helps them reach an agreement regarding visitation arrangements. If an agreement is reached, a mediation record is prepared specifying the agreed terms.
– Through a lawsuit before the Family Court: if mediation fails, a lawsuit must be filed before the corresponding Family Court.

Rights and duties of parents during the visitation regime

During the visits , both parents have rights and duties they must fulfill, including:

– Maintaining an emotional relationship with the child during visits, always respecting the child’s well-being.
– The right to be informed about the child’s education, health, and extracurricular activities.
– The right to participate in important decisions in the child’s life.
– Respecting the established visitation schedule and conditions.
– Promoting the emotional and physical well-being of the child during visits.

What happens if the visits right is not respected?

If the visits regime is violated, a report must be filed with the police (Carabineros), either in person or through the Virtual Police Station. The following measures may be applied to the parent who violates the regime:

– Compensation for missed days.
– A fine.
– Arrest for up to 15 days, renewable in case of continued noncompliance.

Can a parent who owes child support be deprived of visitation rights?

No. Since both child support and visitation rights are considered rights of the child, depriving a parent of visitation due to nonpayment of child support would primarily harm the child. The law provides other mechanisms, described in the next section, to enforce the payment of child support.