Child Custody in Chile: How Courts Decide
Chile approaches custody through Cuidado personal: best interest of child; shared custody possible. Understanding how custody works helps you prepare for one of the most important decisions in your divorce.
How Custody Works in Chile
- ✓Custody approach: Cuidado personal: best interest of child; shared custody possible
- ✓Legal custody/parental authority: right to make major decisions about the child
- ✓Physical custody/residence: where the child lives day-to-day
- ✓Joint/shared arrangements are increasingly common worldwide
- ✓Courts prioritize stability and continuity for children
- ✓Both parents typically retain rights unless safety concerns exist
Factors in Custody Decisions
- ✓The child's physical, emotional, and educational needs
- ✓Each parent's ability and willingness to care for the child
- ✓The child's existing relationships and attachments
- ✓Stability of each parent's home environment
- ✓History of domestic violence or substance abuse
- ✓The child's own wishes (depending on age and maturity)
- ✓Each parent's willingness to support the child's relationship with the other parent
Common Custody Arrangements
- ✓Equal shared time (alternating weeks, 2-2-3 rotation, etc.)
- ✓Primary residence with one parent + regular time with the other
- ✓Weekday/weekend split based on work and school schedules
- ✓Holiday and vacation rotation between parents
- ✓Long-distance arrangements when parents live far apart
Mistakes That Hurt Custody Cases
- ✓Speaking negatively about the other parent in front of children
- ✓Denying the other parent's time with children without court order
- ✓Moving away with children without legal permission
- ✓Using children as messengers or involving them in adult conflicts
- ✓Being inflexible or uncooperative about scheduling
- ✓Posting negative content about your ex on social media
Every situation is different
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Legal Disclaimer: This article covers Chile divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Chile for advice specific to your situation.