The Co-Parenting Law, commonly known as the “Shared Custody Law,” was approved on May 3, 2023.
The new legislation introduces changes to the regulation of custody and visitation of minor children. It prioritizes alternating custody between both parents, which until now was often viewed negatively, as stability for the child was considered more beneficial.
The law aims to approach the situation from a different perspective, shifting the focus of custody responsibility to both parents. It emphasizes that both share the child’s rights and obligations equally, and therefore both have the right to spend quality, equitable time with the child. However, this is not applied automatically: in every case, the best interests of the child must prevail.
What changes does the new law introduce?
If no agreement exists between parents regarding who will have custody of the children, and if family circumstances allow, the judge must favor alternating or shared custody.
The law seeks to uphold the best interests of the child. Before ruling, judges must analyze certain elements: the child’s opinion, recommendations from the child’s legal representative, emotional bonds with parents and other relatives, each parent’s ability to dedicate time, previous agreements, distance between homes and the school, and transportation options.
It reinforces the need for provisional visitation between a parent and their children. Judges must justify any decision not to establish such a provisional regime.
The judge has a maximum of 120 days from the filing of the claim to issue a first-instance ruling on all claims regarding co-parenting, custody, or guardianship. This period may only be exceptionally extended for 30 days with justification. This is a significant change, as proceedings previously took no less than two years.
Non-compliance with custody and visitation arrangements is considered to occur when interference or obstruction happens twice consecutively or four times within two months.
Individuals with monthly net incomes below six BPC (Bases de Prestaciones y Contribuciones) qualify for legal aid benefits, which exempt them from certain costs related to the process. If one party qualifies, the benefit extends to the other parties.
What about gender-based violence situations – Law 19.580?
The law reinforces the maintenance of visitation rights for children with parents accused of violence. Judges may suspend visitation, but the legislation makes it clear that, as a rule, visitation should continue (though under modified conditions, such as in public places).
It also introduces an aggravating factor for the crime of false reporting, when someone falsely accuses the other parent of gender-based violence. If such a false report is made, measures under Law 19.580 may be applied.
Conclusion
This law represents an important step forward in strengthening family bonds by promoting the equal involvement of both parents in raising their children. However, its real impact on society and families remains to be seen over time.
