The concept of guardianship, upbringing, and education of Minor Children, commonly called or known as custody, is much broader than just the physical custody of minors. It covers an entire issue of upbringing and education, duties that always correspond to both parents, derived from the figure of parental responsibility.

When parents separate or divorce, the guardianship of minors often falls on one of the specific parents; However, there are reasons and situations that could lead the non-custodial parent to request, through a judicial process, the modification of said situation.

If the person who does not guard their minor children observes behaviors and situations to which the minor or minors are exposed, and considers that they could cause damage or harm, either physical, psychological or emotional, he/she can resort to the judicial route and request a process of modification of the custody, upbringing and education of their minor children. Although it is true the process is called as above mentioned, the only thing that is modified is the guardianship, since as indicated above, upbringing and education is an obligation that falls on both parents, although it could also be modified through a different process.

Whoever intervenes in the process of modification of custody, must clearly indicate the facts or situations that he/she considers that put his minor children at risk and must provide evidence to support said facts. In any judicial process in family matters where minors are involved, their best interests will always prevail, taking into account their progressive capacity, including, to be heard within the judicial process, whether they are interviewed by the judge, or by some professional designated by the court for this purpose.

Whoever intervenes in the process must prove that the situations described endanger the physical or emotional integrity of minors and it will be the Judge who determines, based on the best interests of the child, if the custody is modified or maintained as it was before the process.

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