Where the parents have omitted to register the surname of their children, in accordance with the terms of the preceding paragraphs, the children shall have the surname of their father.
Article 1511
Any decision made by the parents in the exercise of parental care must be aimed to the interests of the child.
An the interest of the child must also aim the court decision, where according to the provisions of the law, the court decides on the award of parental care or the manner in which it shall be exercised. The court's decision must also respect the equality between the parents and not discriminate based on gender, race, language, religion, political or any other orientation of beliefs, citizenship, national or social origin or property.
Depending on the maturity of the child its opinion must be sought and taken into consideration before any decision regarding parental care, to the extent that such decision concerns the child’s interests.
Article 1513 - Divorce or annulment of marriage
In the cases of divorce or annulment of the marriage, and if both parents are alive, the exercise of parental care shall be determined by the court. The exercise of parental carecan be assigned to one of the parents or if they agree, while establishing the residence of the child, to both parents jointly. The court may decide differently, especially to divide the exercise of parental care between the parents or to entrust parental care to a third party.
In making its decision, the court shall take into consideration the hitherto ties of the child with its parents and itssiblings, as well as any agreements made by the child's parents regarding the custody and management of itsproperty.
The parent, who has not been entrusted with the exercise of parental care, shall have the right to demand from the other parent information on the person and property of the child.
Article 1515 - Children born outside of wedlock
The parental care of the child under age born and existing outside the marriage of its parents, belongs to its mother. In case of paternity acknowledgment, the father shall also partake in the parental care which he shall exercise it only if there is a parental agreement under article 1513 or if the mother’s parental care has ceased or if the mother cannot exercise it on legal or factual grounds. At the request of the father, the court may in any other cases, to instruct him in the exercise of parental care or apart of it, to the extent that the interest of the child so demands. In the event of judicialadjudication of paternity, where the father acted as defendant, the latter shall not exercise parental care nor shall he replace the mother in the exercise thereof, unless a parental agreement exists under article 1513. The court may, if the child’s interest so demands, decide differently at the request of the father where the mother’s parental care has ceased or she is unable to exercise it on legal or factual grounds or aparental agreement exists.
Article 1520 - Personal Communication
The parent with whom the child does not reside conserves the right of personal communication with it.
Parents do not have the right to prevent the communication of the child with its distant ascendants, except on serious grounds. In cases contemplated in the preceding paragraphs relating particulars pertaining to the communication shall be specifically regulated by the court.
