What is a Custody Case

What is a Custody Case?

The minor is under the custody of his parents. Custody cannot be obtained from the mother and father unless there is a legal justification. Unless the judge deems it necessary to appoint a guardian, the restricted adult children also remain in the custody of the mother and father.

A custody case is a type of lawsuit arising out of family law filed by a spouse who does not have custody of the child against the other spouse. The custody case is filed in the family court.

How to Use Custody in Marriage?

As long as the marriage continues, the mother and father use custody together.

If the joint life has been terminated or the separation has taken place, the judge may grant custody to one of the spouses.

Custody belongs to the survivor in the event of the death of one of the parents, and in the event of a divorce, the child belongs to the party left to him.

How Is Custody Used If the Parents Are Not Married?

If the parents are not married, custody belongs to the mother.

If the parent is minor, restricted, or deceased, or custody has been taken away from him, the judge appoints a guardian or grants custody to the father, in accordance with the interests of the child.

Features of Custody of Stepchildren

Spouses are also obliged to take care and attention to their non-adult stepchildren.

The spouse who exercises custody over his own child is appropriately assisted by the other spouse; he represents him for the needs of the child to the extent required by the situation and circumstances.

What is the Scope of Custody?

Mom and dad make the necessary decisions and implement them, taking into account their interests in the care and education of the child.

The child is obliged to listen to the words of his parents.

Mom and dad give the child the opportunity to organize his life to the extent of his maturity; they keep his opinion in mind as much as possible on important issues.

A child cannot leave the house without the consent of his parents and be taken from them for no legal reason.

The child is named after his parents.

Decoupling of Legal Proceedings between the Child and the Parent and the Father

Dec Decoupling a child from debt by a legal transaction between the child and the parent or father, or between the child and a third party in the interests of the parent and father, depends on the participation of a trustee and the approval of a judge.

 

Placement of Children in Institutions

If the child’s physical and mental development is in danger or the child remains in a state of mental abandonment, the judge may take the child from the parents and place him in a family home or institution.

If the child’s stay in the family disturbs the peace of the family to such an extent that they cannot be expected to endure it, and there is no other way out according to the requirements of the situation, the judge can take the same measures at the request of the parents or the child.

If the parents and the child do not have the ability to pay, the expenses required by these measures are covered by the State. The provisions on alimony are reserved.

Conditions for the Abolition of Custody

If other measures for the protection of the child cannot be concluded or it is understood in advance that these measures will be insufficient, the judge decides on the abolition of custody in the following cases:

The inexperience of the parents, illness, presence elsewhere or inability to properly perform the duty of custody for similar reasons.
Parents do not pay enough attention to the child or severely circumvent their obligations to him.
If custody is removed from both the parent and the father, the child is assigned a guardian.
Unless otherwise stated in the decision, the removal of custody covers all current and future children.

Removal of Custody in Case of Remarriage of the Parent or Father

Remarriage of the parent or father with custody does not require the removal of custody. However, the guardianship holder can be changed when the child’s interests require it, as well as the guardian of the child can be appointed by removing custody according to the circumstances and circumstances.

Obligations of the Parents in Case of Removal of Custody

In case of the abolition of custody, the parent and father’s obligations to cover the maintenance and education expenses of their children remain.

If the parents and the child do not have the ability to pay, these expenses are covered by the State.

The provisions on alimony are reserved.

Custody in Case the Situation Changes

In case the situation changes, measures for the protection of the child must be adapted to the new conditions.

If the reason requiring the removal of custody has disappeared, the judge officially or at the request of the parent or father returns custody.

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