
Child custody is an extremely important issue in the legal context in Portugal, and, as it is complex, it can generate numerous doubts.
In this post, we will address some of the most frequently asked questions about child custody in Portugal: what does child custody mean in Portugal, what is shared custody and sole (or total) custody, how to request full custody of the child in Portugal? Portugal and some reasons to request the removal of custody from the mother or father.
Let's clarify each of these topics so you can better understand this fundamental issue.
What does child custody mean in Portugal?
Child custody in Portugal refers to the right (which is also a responsibility) to care for and make decisions in relation to minor children. These decisions may include issues related to education (where and what subjects you will study – for example, whether you will attend classes related to a particular religion or not), health (e.g. whether you will undergo surgery), emotional well-being (e.g. ensuring social with family members) and other essential needs of children.
Therefore, child custody in Portugal concerns the so-called form of exercising parental responsibilities, which covers several decisions about the lives of children, and does not only concern the child living with the mother, the father, or both. alternately, as is often mistakenly believed, by common sense.
The issue of custody is of great relevance when the parents do not live together as a couple, either because they were married or live in a de facto union, and the relationship has ended, or even if they have never formed a couple, when the child is born from a temporary relationship.
Custody of children may be awarded to just one or both parents, depending on the specific circumstances. Most often, custody is assigned to both parents, as will be seen below.
Child Custody: How Does It Work?
Child custody in Portugal can be awarded in two ways, depending on the circumstances and the interests of the children:
1. Shared custody: Shared custody involves the joint exercise of parental responsibilities by both parents. Both have a duty to care and make important decisions together. It is the most common form of custody in Portugal, and considered ideal by legislation, as stated above, and can only be removed in exceptional circumstances that justify it.
Shared custody aims to provide stability and a healthy environment for the child's development, promoting cooperation between parents.
When there is shared custody of children, parents can choose an alternating residence regime, if they wish, which will mean, in short, that the child will live with both of them, alternating between the mother's and father's residence, depending on the days that have been determined. , always considering what is best for the child (not disturbing their study and rest routine, for example).
2. Exclusive Custody: In this case, one of the parents is designated as the main guardian, and makes decisions about the child's life alone, while the other has the right to visitation, as far as possible, but does not participate in decisions about the child's life. of the son.
How to Request Total (Exclusive) Custody of your Child in Portugal
Requesting full custody of your child in Portugal is a complex process and generally requires substantial justification. Reasons for asking for full custody may include situations of abuse, neglect or other factors that put the child at risk.
The request must be made through a judicial process, and it is strongly recommended that you be accompanied by a family and minors lawyer.
Reasons to Take Custody from Mother or Father in Portugal
Removing custody from a mother or father in Portugal is not an action that should be taken lightly. For this to occur, it must be proven that the mother or father is not adequately fulfilling their parental responsibilities or that the child in their care is in danger. As stated above, some reasons that may lead to the mother's custody being withdrawn include:
Child abuse (physical, emotional or sexual).
Gross negligence in child care.
Substance addiction that negatively affects the ability to care for a child.
Other factors that place the child at serious risk.
In all cases, the decision to withdraw custody from the mother or father must be made based on the best interests of the child and after careful assessment of the specific circumstances, and only if it is not possible to resolve the situation that is creating a risk to the child. child in other less drastic ways (as a support measure for parents, for example, to improve their parenting skills).
In summary, child custody in Portugal is a complex and sensitive issue, which involves the protection and well-being of children. It is important to seek appropriate legal assistance when dealing with custody issues, ensuring that decisions are made fairly and that the best interests of the child are always prioritized.
* Important: this text contains abstract and generic information. Reading this and any other text on the website does not dispense with the study of applicable legislation, literature and jurisprudence nor does it replace legal consultation with a qualified professional.
Comments