If the parents of minors die, are absent, are not mentally capable, or there is another reason recognized by the court that prevents them from exercising parental responsibilities, these responsibilities are exercised by other people. The law, in effect since the beginning of October 2015, now establishes a new hierarchy, although the final decision always rests with the court.
In the case of the death of the parents, the court should, however, take into account, if applicable, the will designating a guardian for the minor.
First in line is the spouse or cohabiting partner of either of the parents, and only after that comes someone from their family.
In practice, a stepfather or stepmother now has priority over the minor’s relatives, such as grandparents, for example. However, the courts will take into account the minor's relationship with all parties and investigate who the minor lives with and has regular contact with.
It should be noted that an orphaned minor will preferably be entrusted to the care of their stepfather or stepmother, rather than, for example, their grandparents, who now occupy the second position in the preferences of the legislator, who has decided to prioritize the marital or cohabitation relationship over blood ties.
In cases where the filiation of a minor is only established with one of the parents, upon request of this parent and their spouse or cohabiting partner, parental responsibilities may be jointly assigned to them.
In these cases, and in the event of a divorce, the regulation of parental responsibilities will follow the same terms as those foreseen for parents. Thus, the stepfather or stepmother may continue to exercise parental responsibilities over the minor, even after divorce or separation, with a specific visitation regime and typically a child support obligation to be paid to their stepchild.
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