In divorce or separation situations where there are minor children, a pertinent question inevitably arises: how is child custody handled?
This article answers several questions related to child custody when parents separate. Topics covered include where to initiate custody proceedings, at what age children can decide who to live with, and the different types of custody arrangements available in Portugal.
What is child custody?
Child custody refers to the legal responsibility and right to make decisions about the lives of one or more minor children, usually in situations of parental separation or divorce.
It encompasses not only living with the child, but also fundamental issues related to their education, health, well-being, and development.
What types of guards exist in Portugal?
In Portugal, the law establishes that, in case of separation or divorce, Parental responsibilities must be exercised in a way that ensures the best interests of the child.
The main custody arrangements foreseen are:
- Shared (or Joint) Custody:
- Both parents jointly exercise parental responsibilities, making important decisions about their child's life. The child may have primary residence with one parent or reside alternately with both. This system promotes active participation. of both parents in the child's life.
- Sole (or Exclusive) Custody:
- Parental responsibilities are assigned to only one parent, who makes the fundamental decisions regarding the child. The other parent retains the right to spend time with the child and the duty to oversee the child's education and living conditions.
What is the difference between joint custody and shared custody?
In joint custody, the priority is to ensure that both parents are involved in decisions about the child's life, regardless of where the child lives. In shared custody, in addition to joint responsibility, the child's relationship with both parents is balanced and active.
How does child custody work in Portugal?
The main basis for child custody in Portugal is that both parents have an equal right to spend time with and be involved with their child. However, there are... questions which must be stipulated in court:
- Child support;
- The frequency with which the child spends time with their parents;
- The exercise of Parental responsibilities;
- With whom will the child live most of the time, or will they live equally with both parents?.
How is child custody decided?
In Portugal, decisions regarding child custody are based on criteria that prioritize the best interests of the child, ensuring their well-being, stability, and overall development.
The process can be decided by mutual agreement between the parents or, in the absence of agreement, by the intervention of the court.
Shared custody: advantages and disadvantages.
Everything has advantages and disadvantages, and shared custody is no exception. Therefore, among the advantages, the following stand out:
- Regular contact with parents;
- Balanced education;
- Better cooperation between parents;
- Strengthening family ties.
Regarding disadvantages, there are some such as:
- Potential conflicts due to differences in rules and upbringing;
- The need to constantly establish rules;
- Greater logistics for the move.
Where can I deal with child custody?
To address child custody, especially in cases of separation or divorce, it is necessary to regulate the exercise of parental responsibilities.
This process can be carried out in two main ways:
Agreement between the parents:
If both parents reach a consensus on parental responsibilities, they can formalize an agreement that must be approved by a competent authority to have legal validity. This agreement can be approved at a Civil Registry Office or submitted to the court for approval.
Judicial intervention:
In the absence of an agreement, either parent may petition the court to regulate parental responsibilities. In these cases, the court will decide based on the best interests of the child, considering factors such as age, specific needs, and each parent's ability to ensure the child's well-being.
What are the rights of divorced parents regarding child custody?
The rights of divorced parents are equal on both sides. Differences only arise if the child's well-being is threatened, for various reasons.
Child custody: how to proceed in cases of separation without marriage.
Even if there is no marriage, the way custody is decided is the same as in situations where there is a marriage. That is, the place where the process must be handled and the process itself is the same as in marriage situations.
What documents are needed to apply for custody?
To apply for custody, you must have the following documents:
- Application for regulation of parental responsibilities;
- Agreement on the exercise of parental responsibilities and child support.
Is it possible to change custody arrangements after a court decision?
Yes. Changing custody arrangements after a court decision has already been made is possible if circumstances arise that alter that reality.
Can a child choose who they want to live with?
Yes, the child can say who they prefer to live with, but this decision doesn't depend solely on them. In Portugal, children have the right to be heard in custody proceedings, especially if they are mature enough to express an opinion.
From the age of 12, what they say carries more weight, but even younger children can be heard if they demonstrate sufficient maturity. However, the child's choice is not binding on the court, which always decides based on what is best for their well-being.
How does custody work in cases where parents are not married?
If parents wish to regulate parental responsibilities but are not married, they must go to the civil registry office. There, the process will proceed normally, just like any other process for regulating parental responsibilities.
What is the role of lawyers in child custody cases?
A lawyer establishes the rights and responsibilities of parents, as well as protects the interests of children. Their duties also include drafting and regulating the agreement in question.
At Divorce Lawyers We have specialized professionals at your disposal, ready to fight for your rights and provide the best advice.
Conclusion
Parents have equal rights to custody of their children, with shared custody being the most common type. Sole custody occurs when the child's well-being is at risk, leaving custody of the minor exclusively to one of the parents.
Children born to unmarried couples have the same rights and go through the same custody assignment process as children born within a marriage.
A lawyer plays a crucial role in regulating parental responsibilities, as they are the person responsible for fighting for the child's well-being and establishing the rights and duties of the adults involved.
