The term child custody lawyer primarily means a lawyer that caters for the custody of children. The custody of the parents for their minor children requires parents to, fully provide for the welfare of the child. Parental rights are, therefore, composed of the so-called personal care (care of the person of the child itself), including the education law, and asset custody (custody of the child’s property). Connected with this duty of care is also the right of parents to exercise this right only themselves. Parents cannot waive their custody; they can maybe exercise their parental authority on others.
The interests of the child
With the interests of the child: The child’s legal guardian must attend to the individual abilities and interests of the child and take into account the increasing needs of the child to be independent and responsible action (education law). This means that the child should be given every reasonable age, appropriate increased freedoms. The child should also be in accordance with his age as the child custody lawyer decides (for example, school attendance, education, pocket money, etc.) involved.
For the benefit of the child: Deals with both parents, which can result in particular of separated parents often lead to conflicts, are observed in the interest of the child but must. Similarly, the child must also deal with third persons, such as grandparents, friends, peers, classmates and others, in order for normal socialization takes place of the child.
No differences between legitimate and illegitimate children
Originally, the custody of legitimate and illegitimate children was regulated differently. The custody of illegitimate children generally fell to the mother of the child, and the biological father had no rights.
By the Reform Act of 1997, a child of this discrimination has been eliminated. The custody of a child is shared both biological parents and then jointly, if they are not married and say they want to take care of the child together. This declaration must be submitted in person, without any conditions or time limits to be explained and be authenticated as the Youth Office or before a notary. The explanation can make before childbirth. The natural parents marry after the birth of the child shall also be the joint custody.
If no joint custody declaration made, it is the sole custody to the mother. The father, however, request that the Family Court custody to him completely or partially, it transmits only, when it serves the child’s interests.
Joint child custody lawyer
In case the parents bear the joint custody of the child, they must decide on all matters concerning the child principle in common. However, you can empower each other and to be allowed to act alone. Of these, one is usually in the everyday affairs (for example, clothing, school supplies, meals). If the parents are not even united, they are certainly committed to trying to reach an agreement. If this is important in a matter which is of considerable importance for the child (e.g. decision about the further education) do not succeed, the family court may refer the matter to one parent alone. The family court should not decide for them.
When there is a danger in delay, each parent is allowed to decide alone, and make all of the child’s welfare required actions, such as in a disease: the parent in whose care the child is must go to the doctor, or be taken to the hospital for urgent medical treatment. In such cases, but the other parent will be informed immediately.