Divorce : garde des enfants

Custody determines where children of divorced parents will live and be cared for. Custody is part of parental rights.

Having custody of a child means living in a shared household with the child and caring for him on a daily basis.

Custody is set forth in the divorce agreement or, if the parents do not reach an agreement, by a judge. In all cases, custody must ensure the child’s well-being, financial security, reliability, and meet his or her needs.

There are two types of custody: single parent custody and joint custody.

A) One parent benefits from custody

Children live primarily with one parent. This ensures its daily maintenance (eating, dressing, etc.).

The non-custodial parent must pay the ex-spouse to provide for the child’s daily needs.

In order for the child to maintain a close and normal relationship with the other parent, visitation rights need to be established. The agreement or the judge’s decision regarding the validity of the divorce has this jurisdiction.

B) Joint custody

Both parents spend approximately the same amount of time caring for the children. Joint custody can be calculated on days, weeks or months and is determined by agreement or divorce decree. Typically, shared custody occurs every other week.

You must choose one of two residences as your child’s legal residence.

Contributions are generally not required if there is joint custody and the parents’ wages and expenses are balanced.

When establishing joint custody, the following factors must be considered:

• the best interests of the child;
• parents’ educational ability;
• Parental communication and cooperation skills (especially needed for shared custody!);
• The child’s wishes and age play a big role.

For example, if the father lives in Geneva and the mother lives in Paris, it would not be wise to share custody! Consider the geographical distance between your parents’ residences.

Do you need advice on creating a childcare plan for your child? Lawrence assists you with the legal process and answers all your questions!