If the parents live separately, the mother accounts for childcare staff, this rule may be altered if the parents decide by agreement or by order of a judge. The legal amendment rule changes, as if parents live apart and there is no agreement among them, the judge must resolve within sixty days in charge, who will have the care of the child, and during this intermediate period the personal care of the children will continue with the person who is residing, whether is the father, mother or a third party.
Criteria and circumstances to determine who will have personal care
Along with the above, the amendment establishes objective criteria that must weigh the judge to establish the system of personal care, such as:
- The emotional ties between the child and parents, and others of their family environment;
- The ability of parents to ensure the welfare of the child and the ability to procure a suitable environment according to their age;
- The attitude of each parent to cooperate with the other to ensure maximum stability and ensure the child direct and regular relation;
- The views expressed by the child;
- The result of the expert reports has been ordered to practice;
- The agreements of the parents before and during the respective trial;
- The domicile of the parents; and
- Any other information that is relevant served the interests of the child.
The actual dedication that each of the parents sought the child before separation and especially which can further develop according to their abilities;
Amendments to direct and regular relationship
In terms of direct and regular relationship, there are established circumstances that must consider and consider the judge for his determination, especially the following:
- The age of the child;
- The bonding between the child and parent, as appropriate, and the relationship with their close relatives;
- The system of childcare staff has been agreed or determined; and
- Any other relevant item in the best interests of the child.
Also, the new law ensures the visit of the ancestors, grandparents and their grandchildren if the parents separate.
Amendments on parental rights
Finally, this reform establishes an alteration in the administration of parental authority, that is, as regards the administration of the child’s property.
Before the reform, the exercise of parental authority was for the father in the absence of agreement between the two. With the legal amendment, failing agreement, it’s up to the father and mother jointly exercise parental authority, in compliance with this constitutional requirement of equality, favoring the stability of the child and respecting the principle of parental responsibility in childcare, that is distributed to both parents equally, the rights and duties to which they are about them and considering all the interests of the child.
With this, the project puts an end to the fact that when the couple is together, only the father can manage the assets of the child, precluding even the mother to open a savings account for her son/daughter.