Contents
- How to benefit from joint custody? What are the conditions ?
- Place of residence: favor proximity
- In video: jwplayer
- From what age to set up joint custody?
- What is the best alternating custody?
- Finances, alimony: who pays for what?
- In video: conditions to be fulfilled to set up joint custody
- What if alternate custody doesn’t work?
How to benefit from joint custody? What are the conditions ?
If you have a divorce, one can fix the residence of the children either in alternation, or with one of the parents. Recognized legally by the law of March 4, 2002, the alternating custody (or shared custody) allows parents to exercise joint and egalitarian authority over time.
In general, joint custody is chosen with the consent of both parents, but this is not always possible. In case of disagreement of the parents, it is the judge who fixes the residence. It can impose joint residence in “the interests of the child and the family situation”.
These rules are subject to change because a bill aiming to generalize joint custody is under discussion.
What is the role of the judge?
To set joint custody, the family court judge will also look at the proximity of the parents’ homes, the age of the children and the availability of both parents. In the event of a family dispute, the JAF always rules in the best interests of the child.
Place of residence: favor proximity
Beyond the legal aspects, the geographical proximity of the parents is an essential criterion for the well-being of a young child. Accommodation, school, activities… Your child will adapt better if their little life is not turned upside down overnight.
As far as possible, we avoid changing neighborhoods and schools so that they can keep their bearings. We make sure that he can see his friends and get to his activities easily. Minimize journeys, it is less fatigue and stress on a daily basis for everyone!
To discover in video: My ex-partner refuses to bring me the children
In video: jwplayer
From what age to set up joint custody?
Another important criterion to take into account: the age of the children. The courts are rarely in favor of it before the age of 3. Psychologists agree to think that it involves risks (sleep disorders, school delays…) in children under 3-4 years old.
Up to 5-6 years, the child still needs very stable benchmarks to flourish, but children are all different. So, to ensure the well-being of the child before setting up this type of childcare, you could set up a test period.
Depending on their age, your child’s words will be taken into account. This is tricky, because he may fear hurting one of the two parents if he wishes to live with one or the other of the parents. You could ask a close relative (relative, friend…) able to listen to him and to help him to free himself from guilt.
What is the best alternating custody?
Alternation does not impose a single or egalitarian organization at all costs, but it does not work “à la carte”. To determine the rhythm of the alternation, we will take into account as a priority the well-being of the child and the availability of the parents, even if it means making it evolve later, when the child’s needs change.
The most common is to adopt the weekly week – from Friday evening to Monday morning back to school for example – to give the child time to settle down. Parents can agree otherwise (4 days for one, 3 days for the other). However, if the stay is too short, the child may feel tossed around.
In adolescence, children sometimes express the need to stay longer, and then we switch to a rotation every two weeks. You can also set custody for one year for one and then one year for the other when the children grow up.
Finances, alimony: who pays for what?
Whatever the pace chosen, alternating custody generates costs. Who will pay what? School, nursery, canteen, health, activities, transport… According to the law “The spouses contribute to the maintenance and education of the children each in proportion to their resources”. As a precaution, we will fix in a detailed way the distribution of the loads in the divorce agreement, this limits the subjects of friction.
To discover in video: conditions to be met to set up joint custody
In video: conditions to be fulfilled to set up joint custody
Calculation of alimony
This contribution is set up according to the parents’ income and expenses, to guarantee a certain standard of living for the child in both homes. To set the amount, the judge bases himself on a scale. The alimony will be paid by the parent with the higher income.
What if alternate custody doesn’t work?
Is the situation getting too confrontational? The child does not adapt to the situation? If there is a disagreement, a family mediator can help you find a solution. If we cannot come to an agreement or if we must change the terms of custody, you will refer the matter to the Family Affairs Judge (Jaf), who is responsible for the final decision. Thus, this type of care is not fixed: it can also change when the child’s needs change.
Stephanie Days