The judicial separation, the divorce and the dissolution of the steady union of the couple do not modify, in thesis, the familiar power of the genitor who not alive in company of the minor children. Art. 1.632 of the CC foresee that ‘ ‘ the judicial separation, the divorce and the dissolution of steady union do not modify the relations between parents and children seno how much to the right, that to the first ones fits, to have in its company segundos’ ‘. The guard of the children does not complain greaters difficulties when the familiar rupture to occur of form consensual because the genitors, in this hypothesis, deliberate in set how much the guard.
The guard estimates incited dispute enters the parents when the dissolution will be litigious. In one in another one in case that, it will fit to the judge, pronouncing sentence, deciding on the guard of the children. However, the sentences on the guard do not have definitividade character being able to be modified to any time, in case that some harmful fact to the minor occurs. The sentence of concession of guard does not make considered thing. It has provisory character, it wants to say, it can be modified to any time, and how many times will be necessary, to adjust itself to the interests of the minor, who has priority in relation to the conveniences of its parents. For a reason or purpose illustration, the jurisprudence of the mining Court of Justice: SUMMARY: CIVILIAN AND FAMILY LAW PROCEDURAL KEEPS.
PREVALENCE OF THE INTEREST OF THE CHILD. RESTRAINING OF ACCESS. INOCORRNCIA. In the litigations where the children are involved relative interests, notadamente in whom they involve asked for of modification of guard, the judge must have in sight, always and primordially, the interest of the minor .