Custody and guardianship

In urgent situations, a parent may unilaterally decide on an expense. Later, they should formally communicate (via registered mail) the expense details and reasons to the other parent. If there’s opposition to paying, the parent incurring the expense can seek legal recourse.

For non-urgent expenses, the custodial parent should seek the other parent’s authorization. If not granted, they could request judicial authorization to cover the expense.

 

Types of Custody Models:

Shared Custody

Shared custody is an agreement in which both parents share time and parenting responsibilities for their children in an equitable manner. It’s not just a division of time but also the distribution of the inherent functions of custody. It’s becoming increasingly common as it allows children to maintain a close relationship with both parents and actively engage in their lives.

Sole Custody

Sole custody is when one parent assumes the responsibility for the care of the child. This happens in cases of incapacity or disinterest of the other parent, a history of violence or abuse, or by mutual consent. The custodian is responsible for the daily care related to underage children. However, the other parent may still have visitation rights or parenting time, unless extreme circumstances exist. In cases of disagreement between the parents, the decision of sole custody is made by a court, always considering the child’s well-being.

Criteria for Granting Custody:

The criteria for granting custody can vary according to the laws and regulations of each country or state. However, some common factors considered by the courts include:

  1. hild’s well-being: The best interests of the children and adolescents are paramount in custody decisions.
  2. Parental capacity: Evaluating each parent’s ability to provide a safe and stable environment for the child.
  3. Emotional bond: Considering the relationship between the children and each parent to maintain emotional continuity.
  4. Availability and responsibility: Courts assess the willingness and ability of parents to properly care for their children

Criteria Established by the Supreme Court for Granting Shared Custody:

  • Principle of the child’s best interest.
  • Previous parental practices with the child and personal capabilities.
  • Wishes expressed by competent minors.
  • Number of children.
  • Fulfillment of parental duties towards the children and mutual respect in personal relationships.
  • Results from legally required reports, and ultimately, any other factors enabling minors to have an appropriate life.

Can Custody Be Modified?

Yes, under certain circumstances, custody arrangements can be modified. If there has been a significant change in the living conditions of one or both parents or if the well-being of the children is at risk, a request can be made to the court to modify custody.

 

What Is Progressive Custody?

Progressive shared custody involves one parent initially having primary custody, typically the mother, while the other parent, generally the father, has an extended and gradual visitation schedule. Over time, this arrangement evolves into shared custody where both parents equally share the responsibility of caring for the children.

 

Differences Between Custody and Parental Authority:

Custody and parental authority are related but distinct terms. Parental authority encompasses all the rights and duties of parents regarding their non-emancipated minor children. On the other hand, custody refers to the day-to-day care of the minors. In our courts, the norm is to establish shared parental authority.

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