It has been identified that knowing about the right to have the custody of a child is a matter of concern for most of the parents. In a case when parents are going through a divorce then they are concerned to know whether their children will be living with them or not. In a condition when their children are not going to live with them then they are concerned to make important decisions regarding how their children will be raised. On the other hand, there is also a situation where people are family friend or close relative of a child who is not their own they may be wondering whether they can avail the custody of such child. Therefore, there are a number of laws and provisions available through which any person can avail the custody of such children.
The Argentine Civil Code defines the parental authority as the set of duties and rights that correspond to the parents over the persons and goods of the children. Therefore, knowing about the right to have the custody of a child can be best understood by this law. The civil code is focused on ensuring the protection and integral formation of children, while they are minors and they have not emancipated. To this end, children will be under the authority and care of their parents, who will have the obligation and the right to raise their children, feed them and educate them according to their condition.
As discussed above, knowing about the right to have the custody of a child can be understood by the civil code. This is based on the fact that the Argentine Civil Code aims to consider the rights and obligations of both parents who make the decisions pertaining to the life and assets of their children. In this way, it grants the ownership to the father and the mother, corresponding its exercise, in the case of the married children to the father and the mother of joint way, as long as they are not separated or divorced or their marriage has been withdrawn. In these cases, there will be a presumption that the acts performed by one of them have the consent of the other, except in the cases expressly provided for by the Civil Code.
In case of separation from the parents, knowing about the right to have the custody of a child becomes extremely important. The exercise of parental authority will correspond to the father or mother who legally exercises the possession, without prejudice to the right of the other parent to maintain an adequate communication with their child and supervise their education. This dismemberment gives rise to the right of visits, which arises as a counterpart to the custody right of the parent who lives with the child. In the context of knowing about the right to have the custody of a child, the right of parents and children called visiting rights, includes adequate communication and supervision of the child’s comprehensive education. On the other hand, it also includes the possibility of participating extensively in the life of a child and of determining the place of residence. The Civil Code also establishes within a series of suppositions the express that the joint consent of both parents will be required to authorize the child to leave the republic.