Shared custody in Chile: a reform that changed the rules
For decades, Chilean family law automatically assigned personal care of minor children to the mother upon separation. Fathers were typically relegated to a contact schedule that, in many cases, amounted to alternating weekends. That reality changed significantly when Ley 21.400 came into force in 2022, introducing shared personal care as a legitimate and accessible option for Chilean families.
The reform was not incidental. It reflected years of public debate, an evolving body of case law, and psychological evidence demonstrating that children benefit from frequent and meaningful contact with both parents. Chile thus joined an international trend that recognises shared parental responsibility as a guiding principle of post-separation parenting.
If you are going through a separation in Chile, or simply want to understand your rights as a parent, this guide provides a clear overview of the legal framework, the options available, and the practical steps for organising co-parenting.
Ley 21.400, in force since 2022, amended the Chilean Civil Code to expressly recognise shared personal care. Before this reform, the law automatically attributed tuición to the mother when parents lived separately, unless the parties agreed otherwise or a court ruled differently.
Legal framework for personal care in Chile
Ley 21.400 and shared personal care
Ley 21.400, published in December 2021 and in force since 2022, amended articles 224 and following of the Chilean Civil Code, introducing substantial changes to the regulation of personal care of children:
- Abolition of the maternal preference: The former rule that automatically attributed tuición to the mother was repealed. Now, when parents live separately and cannot reach an agreement, the judge determines who holds personal care based exclusively on the best interests of the child, without any preference on grounds of gender
- Recognition of shared personal care: The law expressly establishes that parents may agree to share personal care of their children, and that the judge may also decree it when circumstances make it appropriate for the child
- Shared parental responsibility: The law reinforces the principle that both parents, regardless of whether they live together, actively participate in raising their children. The parent who does not hold personal care retains the right and obligation to participate in important decisions about the child's education, health, and wellbeing
The concept of tuición in Chile
In Chilean legal terminology, "tuición" is the traditional term for personal care of children. Although more recent legislation predominantly uses the expression "cuidado personal", the term "tuición" remains widely used in court practice and in everyday language.
Tuición, or personal care, encompasses the child's habitual day-to-day living arrangements, direct care (nutrition, hygiene, school supervision, routine medical attention), and the everyday decisions that do not require the other parent's agreement. Significant decisions regarding education, health, international travel, and changes of domicile continue to require the agreement of both parents, regardless of who holds personal care.
Family Courts and mandatory mediation
In Chile, personal care disputes are resolved before the Tribunales de Familia, established by Ley 19.968 of 2004. These specialised courts have judges trained in family law and multidisciplinary teams (psychologists and social workers) who advise the judge in evaluating each case.
A fundamental feature of the Chilean system is mandatory mediation. Before filing a personal care claim with a Tribunal de Familia, the parties must undergo a mediation process before a mediator accredited by the Ministerio de Justicia. Mediation is free of charge when accessed through the State-tendered system, and its aim is to help parents reach an agreement without the need for litigation.
If mediation is unsuccessful (i.e., no agreement is reached), the mediator issues a certificate of failed mediation that entitles either party to file a court claim. Mediation is not mandatory in cases of domestic violence.
Factors assessed by the judge
When personal care is determined by the courts, the family judge must consider a series of factors set out in the Civil Code:
- The emotional bond between the child and each parent
- Each parent's capacity to ensure the child's wellbeing
- Each parent's contribution to the child's upbringing prior to the separation
- Each parent's attitude towards cooperating with the other in raising the child
- The extent of each parent's prior involvement in the child's day-to-day care
- The child's own views, taking into account age and maturity
- Expert reports issued by the court's technical team
- Any other relevant circumstance bearing on the best interests of the child
A parent's financial situation cannot be treated as the primary factor, so that personal care is not simply awarded to the parent with greater resources.
Child support in Chile
The legal framework for child support
Child support in Chile is governed by Ley 14.908 on Family Abandonment and Payment of Child Support. Child support covers food, housing, clothing, healthcare, education, recreation, and all expenses necessary for the child's comprehensive development.
The obligation to provide child support falls on both parents, in proportion to their respective financial capacity. The minimum child support payment in Chile may not be less than 40% of the minimum wage when there is one child, and 30% when there are two or more children. The maximum is 50% of the paying parent's income.
Child support under shared custody
The entry into force of Ley 21.400 raised many questions about how child support is calculated when shared personal care exists. The answer is that shared custody does not automatically eliminate the child support obligation. If both parents have similar incomes and share parenting time equally, it may not be necessary to set a formal support amount, since each parent covers expenses during their own period of care. However, where there is a significant income gap, the judge may order a compensatory support payment.
In practice, many Chilean families with shared custody opt to create a shared fund for the child's fixed expenses (school fees, health insurance, extracurricular activities) to which both parents contribute in proportion to their incomes, while each parent covers variable expenses during their own period of care.
Practical organisation of co-parenting in Chile
Time-sharing models
Chilean families implementing shared personal care use a variety of arrangements:
- Alternating weeks: The simplest and most popular model. The child spends one week with each parent, with handovers on Fridays or Mondays
- 2-2-3 schedule: Two days with one parent, two with the other, three with the first, alternating. Well suited to younger children
- 5-2-2-5 schedule: The child spends 5 days with one parent, 2 with the other, 2 with the first, and 5 with the second. Allows for longer blocks while maintaining regular contact with both parents
- Customised: Many families design tailor-made arrangements that take into account work schedules, distance to school, and the child's activities
Holidays and public holidays in the Chilean context
The Chilean school calendar — with its summer holidays (December to February), winter holidays (two weeks in July), and the Fiestas Patrias (September) — requires specific planning:
- Summer holidays: divided into two equal periods or alternated from year to year
- Winter holidays: alternated each year
- Fiestas Patrias (18 and 19 September): alternated each year, as these are dates of great family significance
- Christmas and New Year: alternated (one year Christmas Eve with one parent and New Year's Eve with the other, reversing the following year)
- Mother's Day and Father's Day: each child spends the day with the corresponding parent
A detailed custody calendar covering all these dates removes ambiguity and recurring conflicts. When both parents have access to the same up-to-date calendar, coordination becomes much smoother.
Mediation as an ongoing resource
In Chile, family mediation does not end with the initial agreement. When subsequent disputes arise over personal care, child support, or the direct and regular contact schedule, the parties can return to mediation before going back to court. Many families find that mediation is more effective than litigation for resolving the disputes that inevitably arise as children grow and circumstances change.
Digital tools for co-parenting in Chile
The success of shared custody in Chile depends largely on the parents' ability to coordinate efficiently. Managing two households, shared expenses, and communication about the children requires a system that goes beyond text messages.
Niddo offers Chilean families a comprehensive platform for managing co-parenting: a real-time shared calendar, expense tracking with receipts, and a child-focused communication space. Everything in Spanish and designed for the realities of Spanish-speaking families.
For families facing co-parenting arrangements between Chile and another country, our guide on shared custody in Argentina may be a useful complementary resource, given the geographical proximity and frequent movement between the two countries.
Family mediation in Chile is free of charge when accessed through the State-tendered system. It is a confidential space where both parents can design a personalised personal care agreement with the guidance of an impartial professional.
Conclusion: a new era for co-parenting in Chile
Ley 21.400 marked a turning point in Chilean family law. By abolishing the maternal preference and recognising shared personal care, Chile aligned itself with the most progressive legislation on shared parental responsibility. The guiding principle is simple but powerful: children have the right to maintain a meaningful relationship with both parents, and both parents have the obligation to make that possible.
If you are starting this process, use mandatory mediation as an opportunity to build a personalised agreement. Draft a personal care plan that covers time-sharing, holidays, expenses, and communication. And rely on digital tools to help you put that plan into daily practice. For a broader perspective, see our complete co-parenting guide.
Download Niddo and organise shared personal care with a visual calendar, expense tracking, and centralised communication. Because your children's wellbeing deserves the best possible organisation.
