How to Agree on a Child Custody

The current legislation provides for the possibility for each parent to approach the court in case both parents cannot agree on which of them the child will live.

In the case of divorce, it is also necessary to make a decision as to which of the two parents the child will live in and in the event that this decision is not taken by the parents in the case of divorce by mutual consent, the court must determine where to which parent the minor will live. Make sure to request a consultation right away and let us help you with your issue by letting you know what your legal rights are.

What are the criteria by which the court is guided to determine which parent is more appropriate to take immediate care of the child?

The criteria are many and each one is extremely important. And yet one of the most important and defining, this is…

1. The desire of the parents to raise the child

That is why in the court proceedings in which the issue of the child's place of residence and the exercise of parental rights is addressed, the court is obliged to hear the parents to check their motivation for taking care of the child's upbringing and upbringing.

2. Growing conditions

Next, it is the court's responsibility to check what catches the child would raise and raise with each parent, as well as the parents' capabilities and capacity to do so.

The court fulfills this obligation by instructing the social services of the place of residence of each parent to produce a social report. In this way, the personal qualities, living conditions and social environment of the parents are examined, as well as the existence of an appropriate social environment. Not only are the social contacts of the parents, including the cohabitation of the parents with third parties.

3. Attachment of the child to one parent

An extremely important criterion is also the attachment of the child to one of the two parents, as well as the fact which of the two parents has so far actually taken care of the child. At the age of ten, the court has the opportunity to hear the child in person and to immediately understand his preference.

4. Age and gender of the child

Last but not least, the age and gender of the child are particularly important in determining the child's place of residence.

In all cases, when deciding the issue of the child's place of residence and the exercise of custody, the court is obliged to act in the best interests of the child and to examine all the facts and circumstances in order to be able to make its decision and to defend that decision. maximum interests of the child.

First of all it is important to come to an agreement and decide what is best for the child. It is important for the child to have both parents present in their lives, making sure that they get along in front of it. It is important for the child to grow in a healthy environment where fights are not a common thing. 

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