What custody involves

Custody is the right and duty to live with and care for a child. It includes decisions about health, education and daily life. Visitation is the right of the other parent to spend time with the child and to be informed about their life.

Types of custody

  • Sole custody: the child lives with one parent; the other has visitation
  • Shared custody: the child alternates between both homes under a schedule
  • Provisional custody: ordered by the court while the case is decided

How the court decides

  • The best interest of the child is the main criterion
  • The court considers who has been the primary caregiver
  • Psychosocial assessments and the child's opinion may be considered, depending on age
  • Evidence of care, stability and willingness to support the relationship with the other parent matters

What you need

  • Child's birth certificate
  • School and medical records
  • Evidence of daily care: receipts, communications, witnesses
  • Proposed schedule for visitation

Enforcement and modification

When visitation is not respected, the court can issue orders and impose measures. Custody and visitation can be modified when circumstances change, always protecting the child's best interest.

Frequent questions

Can a parent move to another city with the child? It usually requires the other parent's consent or judicial authorization.

Does the child choose? The child's opinion is considered according to age and maturity, but the judge makes the decision.

Can parental alienation be claimed? Yes, when one parent obstructs the relationship with the other, the court can adopt protective measures.

Talk to us about your case

Write or call us. We will tell you clearly whether you have a legal matter and what the best route is.

Full guide in Spanish: custodia