Guardianship and custody

The Supreme Court (TS) has resolved a case of guardianship and custody of a child born in 2019, after the separation of his parents in 2022. In first instance , the mother requested custody for herself and the father requested shared custody. The court ruled in favor of the mother granting exclusive maternal custody , shared parental authority, and a visitation schedule for the father (according to the psychosocial report).

The conflict arose later. The Provincial Court, on appeal , changed that decision and established shared custody , understanding that both parents were capable and that the poor relationship between them was typical of a breakup, without being a sufficient obstacle.

The mother appealed to the TS and the Public Prosecutor's Office supported her appeal. The TS ruled in her favor and annulled the sentence of appeal, maintaining custody for the mother. Why? Because in this case there was a context of violence and serious conflict that prevented something basic for shared custody: that parents can communicate and cooperate. The TS insists that shared custody “is not a mere division of time,” but a system that requires “cooperation,” “mutual involvement,” and “commitment to parenting.” Furthermore, it recalls the requirement to protect the minor in an “appropriate family environment free from violence,” and that “the best interest of the minor” must act as a counterbalance to the rights of each parent.

It also weighs in the decision that the father had been criminally convicted for insults , with a prohibition on communication and approach to the mother, and that the treatment towards her was described as abusive and humiliating , making “normal” communication between them “unimaginable.” With that outlook, the TS concludes: “the shared custody system is not appropriate in this case.” The visitation regime established in the first instance is maintained.

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