The family home in the event that shared custody is established
Posted: Wed Dec 18, 2024 6:40 am
When determining what type of custody to establish, the best interest of the child will always be taken into account. It can be agreed upon by the judge or by the parents.
On the other hand, we have parental authority , which should not be confused with guardianship and custody. What is parental authority? Custody is a right that a minor has to interact with his or her parents. Parental authority is both bc data thailand the duty and the right of parents to care for their children (food, clothing, housing, health, etc.) and to represent them.
In cases of divorce or separation, parental authority is NOT lost
With this in mind, let's see what happens to
As we have already mentioned, the law does not contemplate this case. Therefore, paragraph 2 of article 96 of the Civil Code applies by analogy, which states:
"...the judge will decide what is appropriate."
That is to say, the judge must make a balanced judgment to decide who will be granted the right to use the family home. Obviously, the best interests of the minor must always prevail .
It seems that it is usually the minors who have to move from one of their parents' houses to another, but this is not always the case. In addition, the attribution of the family home often does not depend on who the owner is, but rather on the circumstances of the minors and the parents.
There are different modalities :
Attribution of the use of the family home to the children: in this case, the children will remain in the family home and both spouses for alternating periods, that is, it will be the parents who will have to move to the family home and not the children. This forces the parents to have a second home for those periods when they do not have custody of the minors.
Temporary allocation of the family home to a single parent : in this case, when one of the parents, due to their financial situation, cannot afford to have another home to cover the needs of the minors, it can be allocated to them. Important: the home belongs to both parents.
Temporary attribution of the private home to the non-owner spouse : in the case that the home is owned by only one of the spouses, it is usual to attribute the home to him/her. However, this is not always the case. It may be attributed to the non-owner spouse due to his/her economic situation or due to his/her personal circumstances and, therefore, he/she needs more protection. Among other cases, to guarantee the exercise of shared custody in the same city and that the non-owner spouse is not forced to live in another municipality.
Exclusive attribution of the use of the private family home to the spouse who is the owner : whenever the non-owner parent can have another address, the right of ownership will be respected.
On the other hand, we have parental authority , which should not be confused with guardianship and custody. What is parental authority? Custody is a right that a minor has to interact with his or her parents. Parental authority is both bc data thailand the duty and the right of parents to care for their children (food, clothing, housing, health, etc.) and to represent them.
In cases of divorce or separation, parental authority is NOT lost
With this in mind, let's see what happens to
As we have already mentioned, the law does not contemplate this case. Therefore, paragraph 2 of article 96 of the Civil Code applies by analogy, which states:
"...the judge will decide what is appropriate."
That is to say, the judge must make a balanced judgment to decide who will be granted the right to use the family home. Obviously, the best interests of the minor must always prevail .
It seems that it is usually the minors who have to move from one of their parents' houses to another, but this is not always the case. In addition, the attribution of the family home often does not depend on who the owner is, but rather on the circumstances of the minors and the parents.
There are different modalities :
Attribution of the use of the family home to the children: in this case, the children will remain in the family home and both spouses for alternating periods, that is, it will be the parents who will have to move to the family home and not the children. This forces the parents to have a second home for those periods when they do not have custody of the minors.
Temporary allocation of the family home to a single parent : in this case, when one of the parents, due to their financial situation, cannot afford to have another home to cover the needs of the minors, it can be allocated to them. Important: the home belongs to both parents.
Temporary attribution of the private home to the non-owner spouse : in the case that the home is owned by only one of the spouses, it is usual to attribute the home to him/her. However, this is not always the case. It may be attributed to the non-owner spouse due to his/her economic situation or due to his/her personal circumstances and, therefore, he/she needs more protection. Among other cases, to guarantee the exercise of shared custody in the same city and that the non-owner spouse is not forced to live in another municipality.
Exclusive attribution of the use of the private family home to the spouse who is the owner : whenever the non-owner parent can have another address, the right of ownership will be respected.