What You Should Know About Parental Rights After Separation

In today’s article, we would look at some common questions asked by couples that are considering a separation. The answers to these questions would serve as a guide when making the final decisions.

 

1. Who takes parental responsibility after a separation?

Both parents retain parental responsibility after separation if the child was born during the marriage or within a registered partnership. Therefore, decisions about health, education or religion must continue to be made by both parents. For this reason, the couple must promise to maintain communication and be cooperative in handling the affairs of the child.

However, if a parent does not wish to share parental responsibility, he can petition the court to assign responsibility to a particular parent. Then it is left for the court to decide on who to assign the child’s responsibility.

In cases where the kids are more than one, a child’s responsibility is assigned independently. When a child is up to 12 years of age, he/she can request the court to assign responsibility to a particular parent who would cater for the child till he/she becomes 21 years old.

2. Are mothers more likely to get child custody than fathers?

This is most often the case because women are always the ones to nurture the child especially when they are tender. Women also get most of the parental rights because of their availability and involvement in the child’s affairs. But not like this is a rule. A father can request for the custody of a child and if the court finds him suitable, he would be granted.

Generally, the rules on child custody and visiting rights are unique to each EU country. The National laws determine:

• whether custody will be single or shared,
• who will have custody,
• who will decide on the child’s education,
• and who will have rights over the child’s property and other issues.

3. Can some other person get parental rights to the child?

Yes!  Sometimes none of the parents are given custody of the children especially when they are proven to have an addiction, alcoholism, or mental health problems.  In such situations, the child custody might be temporarily given to any close relative.

4. What are the factors considered by the court when making decisions about child custody rights and access rights?

The court will normally favor the parent who will maintain stability in the child’s environment. The following are often considered before a parent is given a child’s custody.

• The parent’s ability to love and care for the child.
• The ability of the parents to provide the child with a warm home, medical care, clothing, and proper nutrition.
• The parents’ way of life and other social factors.
• The age, gender, the mental and physical health of the child.
• The physical and mental health of the parents.
• Love and emotional bonds between the parents and the child.
• The lifestyle of the child before the separation.
• The opinion of the child.
• The willingness of the parents to maintain healthy communication and avoid unnecessary conflicts.

5. What if my ex refuses to obey the child custody orders?

There are sometimes when an ex decides to violate the child custody order. He/she might pick up the child from school without informing the parent who has custody rights. If an ex does that, instead of fighting you should;

• Call the police.
• Alert your lawyer about the violations. He/she would send a letter notifying the other parent about legal penalties for disobeying the court order.
• If the other parent continues to violate the order, you can file a complaint.

6. Can I request a review of the parental rights of the other parent?

If there is a significant change in the lifestyle of one parent, the other parent can request for a review of the parental rights. For example, if the parent with the custody rights starts abusing the child, does not care for the child and leaves him in an unsafe environment, then his rights can be reviewed in court.

Also, in cases of shared custody, if a parent begins to drink and take drugs then the other parent can request for a review of his rights in order to prevent him from influencing the child negatively.

7. Should I Get a Family Law Attorney?

Family law cases are usually complex especially when children are involved. To go through the whole process successfully, you need to hire the services of an experienced child custody attorney that will help you to enforce your child custody or visitation order.

8. When would you need a restraining order?

Whenever you feel that you or your child is in danger, you can file for an order for protection. You would be required to provide pieces of evidence that support your claims. It could be pictures, texts, doctor’s reports, etc. After thorough scrutiny, if your claims are found to be true the judge would issue a protection order also known as the restraining order.