Child Custody in Chile
Chilean courts call it cuidado personal. The only test is the best interests of the child, not nationality or income.
Custody under Chilean law
In Chile, the right and duty to care for a child day to day is called cuidado personal. Its rules are in articles 224 and following of the Civil Code, reformed by Ley 20.680. When parents live apart, they can agree whether the child lives with the mother, with the father, or under a shared arrangement. The agreement must be formal: a public deed or a record before the Registro Civil, noted on the child's birth registration.
If there is no agreement, or the parents disagree, the Family Court decides, after mandatory mediation. The judge applies the principle of the best interests of the child, listens to the child according to age and maturity, and cannot decide solely on which parent has more money. For international families, the hard questions are usually relocation and the risk of removal across borders. Courts also expect parents to support the child's relationship with the other parent, and conduct during the case counts.
Moving abroad with a child
A parent with custody cannot simply move the child to another country if the other parent has legal rights. Leaving Chile with a minor requires the authorization described in article 49 of Ley 16.618, and a court can authorize the trip when consent is refused without good reason. A permanent move raises further issues and often requires an agreement or a judicial ruling.
Chile is a party to the Hague Convention on the Civil Aspects of International Child Abduction, which provides for the return of children wrongfully removed or retained across borders. If you fear removal, or your child has been taken, speed matters, and we explain what can be done. We never promise a particular outcome.
What judges look at
Typical factors include each parent's availability and history of caring for the child, the child's ties to school and home, the stability each home offers, any violence or neglect, and each parent's willingness to support the child's relationship with the other. The child's own views are heard according to maturity.
A parent's nationality, or the fact that a parent is a foreigner, does not weigh against them. Evidence of day-to-day involvement does: school contacts, medical visits, travel records and messages. Start keeping them early.
What we handle
Custody agreements
Drafting a formal agreement that sets where the child lives, in a form the Registro Civil and the courts accept.
Contested custody
Representing parents in Family Court, from mediation through the hearings, with evidence on the child's needs and each parent's ability.
Shared custody
Structuring and requesting shared care where it fits the family's real routines.
Changing an existing arrangement
Asking the court to modify custody when circumstances have changed, or defending against such a request.
Relocation and international disputes
Moving a child to or from Chile, and the legal tools if a child is taken abroad without agreement.
Handling a custody case when a parent is overseas
Fast triage
If there is urgency, such as a planned move or a removal, tell us first. We separate urgent steps from long-term strategy.
Mandate
Power of attorney from a Chilean consulate or apostilled abroad. We handle mediation and court filings in Chile.
Evidence and hearings
We prepare your evidence, represent you at hearings, and keep you updated in plain English at every stage.
Child Custody (Cuidado Personal) — common questions
What English-speaking clients ask us most about this specific service.
Do Chilean courts favor mothers in custody cases?
Can we have shared custody in Chile?
Can I take my child abroad if we are separated?
My child was taken out of Chile by the other parent. What can I do?
Is mediation mandatory in custody cases?
Talk to a Chilean lawyer about child custody
Get an initial assessment in English, confidential and with no obligation.
Book your consultation now →