Alimony – Child Custody Cases

Parental Care:

Parental care is a right and obligation of parents to their children. Its content is directly intertwined with the administration of the child’s property, representation of the child in affairs and legal transactions and generally any decision on the important issues of the child’s life.

Custody & Co-custody:

Custody of the child is part of parenting and includes the day-to-day upbringing and education of the children. Based on the recent 2021 reform, in the event of the parents’ separation, parents retain joint custody of their children.
At this point it should be noted that custody is integrally linked to the child’s daily life and its organisation. In some cases it is not possible – for practical reasons – for both parents to exercise custody at the same time and at the same time. In the above-mentioned case, either by agreement between the parents or by the Court, custody is awarded to one or both parents.

The main criterion for the regime to be decided either by agreement or by the Court for the award of custody is the best interests of the child. The term ‘best interests’ refers to the proper daily organization of the child’s life, his or her peace of mind and the safeguarding of his or her health. The objective for his or her smooth and optimal development determines the precise manner in which the Court or the parents consensually or with their attorneys-in-fact will determine the specific manner in which custody of the child will be awarded.
The criteria for determining who will be awarded custody of a child include the age of the child and the relationship between the child’s parents. Based on the aforementioned factors, the decision on the part of the judge to award custody of the child is made.
With regard to the question of how the amount of child support is determined, account is taken of the fact that children are entitled to receive maintenance from their parents when they do not have sufficient income to cover their expenses. The amount of maintenance to which a child is entitled is determined by the child’s needs, i.e. his or her basic living needs and upbringing, education and the whole range of needs required for his or her normal development.

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