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Frequently asked questions > Marriage > De facto union > Who will have custody of the child or children born of de facto union in case of termination of common life?

Who will have custody of the child or children born of de facto union in case of termination of common life?

The custody, access rights and pension to be paid to children born of de facto spouses are not covered by the law. De facto spouses who cease living together can make between them the agreements which suit them concerning the children. For lack of agreement between the former de facto spouses, it is the court which will have to rule on the custody, access rights and pension to be paid to children, as in the case of a child born of marriage or civil union. The main criterion that the court will retain, will always be the child's interest.

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