La guard obliges whoever is granted it, benefit de assistance material, moral and educational to a child or adolescent, giving him or her the right de
oppose third parties, including Parents.
The boy, girl or adolescent will have right to keep from crafts regular and permanent direct relations with the father and mother stripped of the guard, provided that this does not infringe upon its interest higher.
Obligation Direct Contact with the Guardian
For exercise of the guard Direct contact with the child or adolescent is required and, therefore, it enables decide about the place of your residence. All cultural, must be communicated to the other father, mother, ascendants or other interested persons, provided that this does not contradict the interest top
of the child or adolescent.
Obligation of the Parents during the Guarda
El father and mother that has been stripped of the guard of the hijo or daughter will keep the legal obligation food in the terms defined in the article 170 and following of this Code, having to contribute to it in proportion to their resources.
Court Competent
All demand de guard must be introduced before el Court of Boys, Girls and Adolescents from the place where the child lives person that exercises the guard.
The competent judge of the knowledge a proceedings de guard It will also be the case for hearing claims in the area of foods that is present in an accessory manner or that is derived from saying proceedings.
Opinion of Children and Adolescents
In all procedures that may to affect la guard of children and adolescents should be heard opinion, according to their maturity.
Admissibility of the Demand
The application of guard may be admitted when the person interested party has faithfully fulfilled the duties inherent to the legal obligation food.
Inadmissibility of the Demand
It will be inadmissible demand de guard of the father, mother o person responsible person who has unjustifiably refused to comply with the legal obligation food security for children or adolescents.
Variation of Law
La competition to know the request for guard will be governed as follows:
a) In /// de community property or separate property., Parents will attend before the judge of First Instance in civil powers right común;
b) In /// de cultural, de regime de guard o separation in fact, will attend before the judge of the Civil law of the Court of Children, Girls and Adolescents.
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