Child Custody and Maintenance Obligations Legal Framework

Article 361: Reviewing and Changing Custody

The judge may review and change decisions on care at the request of those who are subjected to it (if they are twelve years or older), the father, the mother, or the prosecution. Any variation of a previous decision in this matter should be based on the best interests of the child, who must be heard if the application has not been filed by them. The Public Prosecutor should also be heard.

Article 362: Inappropriateness of the Guardian Award

The father or mother who has been subject to judicial enforcement of a maintenance obligation and unreasonably refuses to comply, despite having economic resources, will not be granted custody of the child concerned. This applies unless legal rehabilitation and the interests of the child are declared appropriate. Rehabilitation occurs when the respective parent has faithfully fulfilled the duties inherent to the maintenance obligation for one year.

Article 363: Jurisdiction

All matters relating to the allocation and modification of custody must be decided by the court, following the procedure laid down in Chapter VI of this title.

Article 364: Representation and Management of Property

The representation and management of the child's property is governed by the provisions of Articles 267 and following.

Section Three: Maintenance Obligations

Article 365: Content of Maintenance

The maintenance obligation includes all matters relating to:

• Living and housing
• Clothing
• Education and culture
• Health, medical care, and medicine
• Recreation and sports

These requirements apply as needed by the child and adolescent.

Article 366: Liability for Maintenance

The maintenance requirement is an effect of legal parentage or judicially established parentage, which corresponds to the father and mother for their children before they reach legal majority. This obligation exists even where there is a denial or termination of parental rights, or if the parent does not have custody of the child. The judge shall explicitly set the amount to be paid for such performance at the time of the sentence of denial or termination of parental rights, or when any of the measures provided for in Section 360 of this Act are issued.