Parental responsibility: the child's welfare, in principle joint
Updated on October 24, 2026
Article 296 of the Civil Code places parental responsibility at the service of the child's welfare. It covers care, education and representation. Article 298 makes joint responsibility the ordinary regime when the parents are married. For unmarried parents, article 298a allows joint responsibility by joint declaration or by a court decision if one parent requests it and it matches the child's welfare. Removing responsibility is a serious measure, distinct from choosing where the child lives.
What the code says
Day-to-day decisions are taken by the parent with whom the child is. Important decisions, such as school or a move that changes care, are taken together when responsibility is joint. If the parents disagree, the court decides according to the child's welfare.