Custody cases are some of the most delicate but also the most common in family disputes. They may be awarded sole custody in a divorce case.
In a custody case, you may turn to a good attorney experienced in family law.
Parental rights can be awarded by the court in a custody agreement. The agreement settles issues concerning:
● place of residence of the child;
● amount of maintenance;
● personal relationship regime with the non-custodial parent.
The agreement shall be approved by the Court taking into account the best interests of the child. The opinion of the Social Assistance Directorate may also be requested. Where the interests of the child are preserved and the agreement is not contrary to the law, the court shall approve it.
If either parent fails to fulfil his or her obligations under the agreement, it is enforceable by a bailiff.
When a custody agreement cannot be reached, a custody case is filed.
Custody case – procedure.
Any parent may bring an action in the appropriate District Court. The custody action shall be joined with the child support action. The opinion of the Social Assistance Directorate is also required in the case. Staff from the Directorate visit the parents’ homes and give an opinion on the conditions under which the child would live.
Testimony is also admissible in a custody case, as are any documents that may establish a parent’s ability to care for the child.
It is important to know that you can file a lawsuit to limit and terminate your parental rights. This happens when the parent endangers or poses a danger to the health, person, upbringing, or property of the child. In this case, the district court may award custody to another person or limit or terminate parental rights.
This also happens when the parent is unable to exercise parental rights due to a long-term mental disorder. In this case, the opinion of a medical professional is also taken.
If you wish to file a custody case, you can contact an attorney at Legal Frame.