Rights and duties of divorced parents

After a divorce, parents are required to respect new rules, decided by justice, for the well-being of their child …

What is parental authority?

In the event of divorce, the attribution of parental authority should not be confused with that of custody.. The child’s residence is necessarily upset since the two parents no longer live together. However, a divorce does not deprive the father or the mother of their status as parent: the exercise of parental authority remains exercised jointly. Concretely, parents continue to make all decisions about the child’s life together : on his maintenance, his education, his school orientation, etc. Note: the laws are the same for married or unmarried couples. Parental authority is exercised once both parents have recognized the child. Exceptionally, if the best interests of the child so require, the family affairs judge (JAF) may entrust the exercise of parental authority to only one of the parents, for example in the event of touching. The designated person then alone takes decisions concerning the child. The deposed parent however retains the right to be informed about the maintenance and upbringing of the child.

For 20 years, the number of divorce in France has stood between 110 and 000 each year, or 120% of marriages. Almost 000 divorces involve minor children. 

Alimony

Under parental authority, parents ensure rights and duties aimed at protecting the child: ensuring their accommodation, custody, supervision, education, ensuring their health, safety, morals, etc. Whoever does not have custody of the child cannot exempt himself from his parental responsibility : he must pay alimony to the other parent, in proportion to his resources. Voluntary failure to pay alimony is punishable by 2 years’ imprisonment and a fine of 15. Finally, if the non-respect of the obligations can be the subject of penal punishments, the judge does not for all that withdraw the right of visit to the parent responsible. It is not because a father does not pay his pension that he is a bad father. Children do not have to suffer the consequences of their parents’ money problems …

What residence in case of divorce?

When the main residence is fixed with one of the parents, the other will benefit from a right of visit and accommodation (unless it is refused for serious reasons). Since a law of 2002, the alternate residence with the father and the mother is authorized… even in the event of disagreement of one of them.

If the “sharing” of the child seems fair, many child psychiatrists denounce this practice. “The adaptation to two homes, with“ transplantation ”every week, is harmful to the child’s balance. At a young age, one needs stability more than anything in order to develop harmoniously. The damage is even more marked when the alternation is imposed: the adult can be without consideration for the needs of the child… who then becomes a victim ”, explains Dominique Brunet, clinical psychologist and psychotherapist. Since January 1, 2007, parents who have opted for joint custody share family allowances.

Exceptionally, when the parents are not in a position to ensure the education of the child (alcoholism, etc.) the judge can fix the residence of the child with a third party, preferably chosen from his family.

Duties of divorced parents

Not to bring the child back after a weekend, to the one who has custody of it, is a very bad idea … Indeed, the fact of voluntarily refusing to present the minor to the other parent is an offense punishable by one year’s imprisonment and a fine of 1 euros. Once divorced, you may think that you no longer have any accountability to your ex-husband or wife. This is not the case, as long as a child is brought up together. In addition, a change of domicile must therefore be notified within one month, to all those who exercise a right of visit and accommodation with regard to the child … under penalty of being punished. 6 months imprisonment and a 7 euro fine.

Note: when there is a distance, the price of the trip is the responsibility of the person exercising the right of visit. When the home is very far away, the contribution to the trip is halved.

Do you want to talk about it between parents? To give your opinion, to bring your testimony? We meet on https://forum.parents.fr.