CUSTODY
FAMILY LAW
Custody of children is the most emotionally sensitive issue during a divorce or the termination of an extramarital union. Whether the ex-partners can agree on custody and the model of seeing the child, or the decision is made by the court due to the impossibility of agreement between the partners, it is important to have a lawyer on your side that will protect your rights during the process.
Our custody attorneys represent clients in the following cases:
Independent custody of a child
litigation on the basis of a lawsuit filed by one parent requesting to independently exercise parental rights.
Modification of the model of seeing
A parent who does not exercise independent parental rights has the right to maintain contact with the child according to the established model of seeing. Such a model can be changed in order to satisfy the child’s interest.
Relocation of the child
In practice, it often happens that a parent who independently exercises parental rights wants to move to another city or another country. Such actions cause a lot of attention about the rights of the other parent regarding the exercise of parental rights.
Alimony
The child is entitled to financial support by both parents. However, after the divorce, if one parent is entrusted with the child to independently exercise parental rights, alimony will be determined for the other parent as long as there are conditions for that.
Deprivation of parental rights
A parent who does not take care of his child, neglects his duties, abuses the child and does not act in the best interests of the child in any other way may be deprived of parental rights.
Kidnapping and abduction of a child
International kidnapping of a child or prohibited abduction of a child from a parent is a criminal offense which, unfortunately, often occurs after divorce.
Paternity determination
In order for the child’s father to be able to exercise parental rights at all, he must be registered in the birth register as a father of a child. If he is not registered, or even another person is registered instead of him, it is necessary to initiate the procedure of establishing or disputing paternity in order to protect the rights of the child’s father.
Child abuse
if a child suffers from any form of abuse from any family member, there are conditions to initiate procedure for protection from domestic violence.
Types of guardianship:
- Joint exercise of parental rights
Parents exercise parental rights together when they are living together, in marriage or in an extramarital union, or when such a model is possible even though they are divorced or they are not together anymore.
- Independent exercise of parental rights
A parent independently exercises parental rights when, after a civil procedure, the court granted him the right to independently exercise parental rights. In the event that one parent independently exercises parental rights, the other parent has the right to maintain contact with the child on the basis of a previously established model of seeing.
How does the court decide which parent will have independent custody?
The task of the court in any procedure regarding the exercise of parental rights is to assess what is the best interest of the child according to the circumstances in the specific situation. In that sense, the court evaluates the following circumstances when making a decision:
- Opinion of the Centre for Social Work
- Age and gender of the child
- Financial stability of parents
- Psycho-physical health and stability of parents
- The lifestyle of the parents
- Wish of the child (if the child is old enough)
Learn more about how we can help you with child custody
