Guardianship and custody

The Superior Court of Justice (TSJ) has had to rule on a complicated situation related to the custody of a young girl, who was only 3 years old when her parents started having problems. In this family, both the father and the mother were facing mental health issues and, by mutual agreement, the girl started living with her paternal grandparents. However, before any lawsuit reached the courts, the mother decided, on her own, to move to another city with the daughter to live with a new partner. Both parents claimed custody. Initially, a court specializing in violence against women considered it more convenient for the child to stay with the father, taking into account the

support and family environment provided by both the father and the paternal grandparents, in addition to not finding the mother's reasons for the move sufficiently justified. However, the mother appealed and the Provincial Court ruled in her favor, allowing her to register and enroll the child there. But the father did not give up and went to the TSJ, which ultimately

overturned that decision and granted him custody again. The TSJ has been clear that when the child is so young, what really matters is the family rootedness, that is, the relationship and stability with whom the child has habitually lived. There is not yet a true

social or school rootedness at such a young age. Furthermore, it insists that a significant and unilateral change of residence, without the agreement of the other parent or a very justified reason, is not valid. Ultimately, the key is the child's best interest and avoiding significant changes or disruptions in their daily environment. In situations of conflict between parents in the exercise of parental authority and custody of minor children, in a context of gender-based violence, our professionals will provide you with appropriate advice and defense of your interests and those of your children. without agreement from the other parent not a very justified reason, it is not valid. Ultimately, the key is the best interest of the child and avoiding significant changes or upheavals in their daily environment.

In situations of conflict between parents in the exercise of parental authority and custody of minor children, in a context of gender-based violence, our professionals will provide you with appropriate advice and defense of your interests and those of your children