Parents who agree on custody conditions can use any format, for example. B the “Custody X Change” educational plan model. To avoid further stress and confusion, try to think ahead about any potential differences of opinion about parenthood, and then define in your plan how you manage them. Under joint physical care, the child spends almost the same time with each parent. Judges prefer this as long as it is in the best interests of the child. With a 70/30 custody plan, one parent has the child 70 percent of the time, the other parent 30 percent of the time. This type of arrangement is best suited for children who do better with a home base or for parents who live far away. Here are some examples: de facto (actually) Custody refers to who actually has custody of the child at that time. It doesn`t carry the weight of the court behind it. To formalize custody of children before starting litigation, an application must be filed for Pendente Lite (i.e. ongoing litigation) or temporary custody. Temporary custody is subject to review on the basis of the “best interest” of the child`s standard, which will be discussed below. It is not an “original” guard because it is considered temporary pending a full hearing.
To obtain temporary conservatory custody, you must obtain an application for a hearing and an application for temporary conservatory custody and assistance (Dom form. Rel. 51) with your claim for custody or divorce. In primary physical custody, the child spends at least 60% of his time with a parent. The other parent has the rest of the child`s time with partial physical custody (or partial assisted custody, when the child needs a third party who is safe). Parents should protect their child from the details of court proceedings and parental disagreements. Please establish that parents do not argue in front of the child or discuss contentious issues. In addition, the plan should indicate the alternative method of dispute resolution that you use to resolve disputes with the other parent. She must also take care of physical and legal custody.
The court`s decision can be considered a reversible error if they do not hear the child`s preference. However, the court has the power to question the child based on the presence of the parents. A child between the ages of 5 and 6 can be heard.