Understanding Parental Rights and Divorce Measures

Article 351. Measures in Case of Divorce, Separation, or Nullity of Marriage. If filed for divorce, separation, or annulment of marriage, the judge of the Trial Chamber should issue provisional measures to be applied until the end of the corresponding trial, regarding custody, visitation, and food obligations of the parents towards their children who are under the age of eighteen and those over this age who are disabled, either totally and permanently, due to physical or severe psychiatric disturbances. In all appropriate cases, the judge must take into account what has been agreed upon by the parties.

Paragraph One: When the divorce is requested under the grounds provided for in Article 185-A of the Civil Code, spouses must indicate which of them has had custody of the children during the time the parents have been separated in fact and how visitation and food allowances are being implemented. All of this must be taken into account by the judge for guidance.

Second Paragraph: If the divorce or separation is declared based on any of the grounds provided under items 4 and 6 of Article 185 of the Civil Code, the spouse who incurred therein shall be deprived of parental authority, in which case the exercise of parental authority will exclusively belong to the other parent. If this exercise is prevented or affected by deprivation or termination thereof, the judge will open custody proceedings and, if appropriate, provide for family placement.

Article 352. Deprivation of Parental Rights. The father or mother, or both, may be deprived of parental authority over their children when:

• a) They pose a physical, mental, or moral risk;
• b) They expose the child to any risk or threat to their fundamental rights;
• c) They fail to comply with the duties inherent in custody;
• d) They attempt to engage in prostitution or are complicit in corruption or prostitution;
• e) They sexually abuse or expose the child to sexual exploitation;
• f) They are dependent on alcohol, narcotics, psychotropic substances, or other serious forms of drugs that may jeopardize the health, safety, or morals of the children, even when these events do not result in criminal penalties for the author;
• g) They are convicted of offenses committed against the child;
• h) They are declared interdict;
• i) They refuse to provide food;
• j) They encourage, facilitate, or allow the child to engage in acts that violate their physical, mental, or moral integrity.