Do you know what the responsibilities of parents are after a divorce? When there is a divorce, this is governed in all respects by civil laws and court rulings, which are negotiated previously with the lawyers of both parties and the ability of parental choice; it is limited to what is written.
The collaboration between parents does reduce potential conflicts, but if there is no collaboration, to comply with what is agreed, we must turn again to the judge, to make another sentence again.
Divorce with children
The unemancipated children are under the authority of parents, exercised for the benefit of children, and include the following duties:
- To look over them, feed them, give them education and integral formation.
- To represent and manage their property.
Parental authority is exercised jointly by either parents or one, but with the express consent of the other.
In case of disagreement, any of the two may apply to the court, which, after hearing both and the child if you have more than 12 years, attributed without recourse the faculty to decide the father or the mother.
In defect or the absence, inability or failure of a parent, parental authority shall be exercised solely by the other. If the parents live separately, parental authority shall be exercised with whom the child lives.
The Judge or at the request of the child or the Department of Public Prosecutions, issue the obligations of parents after a divorce:
- Measures to ensure the maintenance cost and provide for the future needs of the child, in case of nonperformance of this duty by their parents.
- Appropriate provisions to avoid harmful interference to children in cases of change of ownership of the power.
- Necessary measures to prevent the abduction of children under the age by one of the parents or by third persons, such as the following:
- Prohibition on departure from the national territory, unless you have prior judicial authorization.
- Prohibition on the issue of the passport to the minor or withdrawal of the same if already issued.
- Submission to prior judicial authorization of any change of residence of the child.
- Provisions that may be appropriate, to turn away the child from danger or to avoid harm. If the parents live apart and there is no divorce by mutual agreement, the judge will decide, always for the benefit of children, to care which parent shall the children of minor age.
Parents, even if they do not exercise parental authority, have the right to interact with their children. May not be prevented without just cause the personal relations of the son with his grandparents and other relatives and friends. If it is a foster child, the right corresponding to their parents, grandparents and other relatives to visit will be regulated by the judge.