Custody (parental authority)

Custody comprises the parents' rights and duties concerning a minor child's care, education, representation and the management of the child's property. During marriage it is exercised jointly; upon divorce the judge determines with which parent the child will live.

The sole criterion is the child's best interests, with parental fault relevant only insofar as it affects the ability to care for the child. Hearing the views of a child of sufficient maturity is settled practice. Although joint custody after divorce is not expressly regulated by the Code, court decisions grounded in international conventions have made it possible.

Custody arrangements do not become res judicata; modification may be sought whenever circumstances change, and removal of custody arises in cases of abuse or grave neglect. The custodial parent's obstruction of contact with the other parent is among the most frequent grounds for changing custody in practice.