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Derechos de familia

The portal Only Divorces is an initiative of a law firm that has specialized in Family Law. Are the first law firm in Chile with lawyers specialized in divorces and separations, thus responding to a need created by the enactment of the divorce law in Chile. Find out about everything related to the rights of families in Santiago.

  • Tuition

It is the personal care of children, grandchildren, or other relatives, by filing claims of tuition before the Family Court.

The demand for tuition is the responsibility not only to those who do not have children under their care, but also to those who have the tuition of fact, this is, in practice, and that you want to be recognised judicially that situation.

There is also tuition in the form of conventional (agreed or amicable), through the subscription of a transaction or agreement which regulates the personal care of the children. This transaction can be the same in which is fixed a maintenance allowance, and a regime of visits.
For its part, it is necessary that you know the concept of custody, which refers to the set of rights and duties that correspond to the father or to the mother in the estate of their children, not emancipated. It is normal that the exercises who has the personal care of the child (tuition).

  • Visits or regime of Communication

The regime of visits is established when one of the parents of a minor child, it is private tuition of the same, either by agreement or by court judgment. This, retains the right to visit according to what the parties arrange, or in default of agreement with what the judge set.

The transaction of visits can include a regulation of a regimen of food from the parent who does not have the tuition of the child.
The write transaction serves, in addition, to give a date certain to the separation between the spouses (if the case may be) which is useful for the future processing of a divorce.

Read also: Consequences of arguing in front of children
  • Paternity and Parentage (DNA)

In these trials allows the use of DNA testing, which guarantee an accurate answer as to the rights claimed or contested.
The desire by some parents to voluntarily acknowledge a child, allows you to avoid judgments of filiation, it is often not desired.

  • Get out of the country

Every time that a minor intends to leave the country, International Police requires a permission of the parents, to make the trip abroad. If the child is traveling with one parent, this authorization granted by one who is not traveling.

This can be obtained by two routes, as agreed between both parents, the parent who does not exercise the personal care of the child (tuition) authorizes the departure, or the trip by a public instrument that output, or the court if there is a negative not founded for such authorization.

  • Measure of Protection

It is the filing of measures of protection, the Family Courts, in favour of a minor could be in danger for various reasons.
In these cases we are dealing with emergency situations that require urgent intervention of a Family Judge to ensure the integrity physical or psychological of a minor.

These protection measures are brought before the Family Court when there is an imminent risk of greater damage if it is not involved in the judge. Given the urgency of certain situations, the law that regulates this type of process, set short timeframes for the processing of protection measures.

Read also: Dads: don't argue in front of their children

Source: www.solodivorcios.cl


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