Legal custody :“Children of all ages must honor and respect their father and mother" (article 371 of the Civil Code) “Legal custody is a set of rights and duties aimed at the best interests of the child. It belongs to the father and mother up to the age of majority or the emancipation of the child to protect him in his security, his health and his morals, to ensure his education and allow his development, in the respect due to his person. The parents associate the child with the decisions which concern him, according to his age and his degree of maturity” (article 371-1 of the Civil code).
Joint legal custody is de jure. It will only be exclusive in certain well-defined cases, for example, in the case of a parent who has disappeared or who has neglected or abused a child.
Legal custody will also be exclusive for the unmarried mother, when the father has recognized the child more than a year after his birth. In this specific case, the parentage of the child will be established, but the father will not have joint legal custody with the mother, who will continue to exercise exclusive legal custody for the child.
A family law lawyer in Paris can help you see more clearly about the exercise of legal custody.
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The joint exercise of legal custody implies that both parents must :
- Take all important decisions together, in particular regarding health, school guidance, religious education, etc.
- nform each other with a view to ensuring an essential communication between parents on the organization of children's lives (and in particular school, sports, cultural life, medical treatment, leisure and holidays.).
In certain cases, the parents may, if the circumstances so require, request the Family Affairs Judge to delegate their legal custody to a third party, family member or close relative.
Finally, unfortunately, there are cases where the father and mother can have their legal custody withdrawn: in the event of ill-treatment or in the event of an attitude endangering the safety, health or morals of the child.
Your lawyer advises you on family law in Paris and can also intervene before the courts of Versailles, Nanterre or Créteil.
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