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Publication date: 02.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Joint parental custody of children is an important aspect of family law, which involves the joint responsibility of parents for the upbringing and development of children after a divorce or breakup of a partnership. This approach contributes to the harmonious development of children, providing them with the opportunity to maintain relations with both parents, and also protects their rights and interests. In this article, we will consider the legal norms governing joint custody and conduct a legal analysis of the situation of joint parental custody.
Legal norms of joint parental custody of children
Family and Marriage Laws: Family and marriage laws in many countries provide that parents have equal responsibility for raising children. In case of divorce or dissolution of partnership relations, the court may appoint joint parental custody of the children based on the interests of the children.
The principle of the best interests of the child: In judicial practice, the main criterion for deciding custody issues is the best interests of the child. The court takes into account the ability of both parents to provide proper care and upbringing of the children.
Parental rights: Joint parental custody provides that both parents have equal rights and responsibilities regarding the upbringing of the children. This includes solving issues of education, medical care, religious upbringing and other important aspects of children's lives.
Legal analysis of the situation
When conducting a legal analysis of the situation of joint parental custody, a lawyer or lawyer takes into account many factors, in particular:
Court decision: The first step in the legal analysis of the situation is to examine the court decision regarding joint custody, if there is one. This may include determining exactly how time spent with the child will be divided and how other matters will be handled.
Consideration of possible conflicts: A lawyer can analyze possible conflicts between parents and determine ways to resolve them. This may involve negotiations between the parties or recourse to mediation.
Safeguarding the best interests of the child: The lawyer must ensure that the best interests of the child are the top priority in all aspects of shared custody.
Consideration of individual circumstances: Every situation is unique, so a lawyer must take into account the individual circumstances of the family and the child, including the child's age, gender, health, psychological state, etc.
Writing a lawyer request
A lawyer's request is a document that a lawyer prepares for addressing the court, state authorities or other persons in order to protect the interests of his client. In the context of joint parental custody, a lawyer's request may include the following aspects:
Changes in Custody: If circumstances have changed, analysis of the situation by a lawyer a lawyer can petition the court to review the custody decision, for example, if a parent moves or the child's needs change.
Conflict resolution: A lawyer can prepare a request to resolve conflicts between the parents, for example, regarding the distribution of time with the child or making decisions about education.
Safeguarding the interests of the child: The lawyer can submit a request to take measures to safeguard the interests of the child, for example, in the event of a threat to the child's safety.
Legal opinion
A lawyer's opinion opinion on joint parental custody of children must take into account all the circumstances of the situation and ensure the protection of the child's interests. In the process of preparing the opinion, the lawyer or lawyer must conduct a thorough analysis of the situation, including the study of legal norms, court decisions, as well as possible conflicts between the parents.
In general, joint parental custody of children is a complex legal issue that requires professional analysis and approach by a lawyer or attorney. A legal analysis of the situation and the correct use of legal tools can ensure the best interests of the child and protect his rights.
