Abstract

BARCIA LEHMANN, RODRIGO. Toward an Integral View of the Right of Children: Powers and Duties of the Non-Custodial Parent in Chilean Law. Rev. Derecho Privado [online]. 2017, n.32, pp.219-254. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n32.08.

The present study makes a comprehensive implementation of the Reform to rights of Chilean children, on the basis of Act 20.680 of 2013, establishing the budgets for a scheme of allocation of rights of filiation to one of the parents, by means of judicial resolution, according principles of the best interests of the child and co-responsibility of the parents. To this effect it is argued that the non-custodial father has joint faculties of filiation with the custodial father and his own faculties of filiation. In short, personal custody in Chile allow out a system -which is assigned only to one parent as in many countries- of joint custody regime, which allows both fathers -custodial and non-custodial parents- to participate in the upbringing and education of their children.

Keywords : Duties and powers of non-custodial parent; non-custodial parent's rights; parental responsibility; custody; joint custody; upbringing and cooperation.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )