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Proving a commitment improper custodial spouse, their inability or disinterest in order to support a claim of child custody, visitation modifications, and in extreme cases the cancellation of custody.

According to the most countries' laws, custody of children after a divorce or separation can be awarded to either parent. It is the judge who makes the final decision, analyzing various factors. They differ custody and guardianship, custody, because the first determines the parent who will be responsible for the physical possession or control of children, and the second is the set of rights and obligations of each parent of dependent children. Parents can agree on what concerning the custody of the children, and the court ratified the agreement unless it finds a risk to minors.

If there is no prior agreement, the judge will take into account several factors: