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custody query..please help

Posted by B-196822 - Created: 13 years ago
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1 reply

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Posted by legend_in_my_lunchtime-182603 - 13 years ago

It doesn't work like that.

First of all, in French family law there is no such thing as "custody".  The family legislation speaks of 4 important concepts with respect to the children;

"résidence""droits de visites""contribution au mantien""autorité parentale"

I believe your query is mostly about "résidence" which can under French law take into account the wishes of the child.  There is no set age where this is absolutely determined by the child's expressed preference.  Obviously, if the child is stable/mature enough to express his/her wish, then it would be sensible for the parents to take that into account in their submissions to the tribunal.  But divorce is often a tough time for family communications so often one has to rely upon the judge to settle the issue.  In the case of disagreement over résidence, you can ask the judge to open an "enquête sociale" which, if granted, will appoint a sensitive social worker to determine what the child's real wishes and interests are.  This can be performed at any age but is uncommon for very young children.

Now, once "résidence" ie established, the other factors of visiting rights and child maintenance are determined.

It is extremely rare (to the point of being unheard of) that the parental authority would be removed from either parent.  This remains equally shared regardless of the other 3 conditions.