Towards a system of parenthood that institutes specific powers and rights for the non-custodial parent

Abstract

This paper criticizes the way in which our legal system assigns custody of children. Mostly articulated from sources of comparative law, it presents a system of powers and rights for the non-custodial parent, which is respectful of the principle of equality of parents, which in turn is comprised in the principle of the best interests of the child. The Chilean system is analysed concerning the changes introduced by the recent reform of 2013.