How to face a divorce with children
submitted by Alanko.Marquetta 13 hours ago (via documentosenmadrid.tumblr.com)
Whenever a marriage makes your choice to divorce, the decisions which are made, directly affect the kids, then when they are of children minor or with disability, the fiscal ministry also intervenes in the act, to look following the interests of them. This body as well as intervening in criminal proceedings, intervenes in special processes including the procedure of divorce with minor children, according to article 749 of the law 1/2000, of the 7 of January of civil procedure. This body acts and defends the rights of minor children to ensure that their standard of living, their life style and their activities after divorce arent affected.The elements to be used into account in a divorce process with minor students are as follows:When it is a divorce of mutual agreement or perhaps a contentious divorce with minor children, these must be taken into consideration:• Guardianship and custody• Parental authority• Alimony• Visitation arrangementsIn the divorce of mutual agreement, these aspects will be regulated in the regulating agreement signed by both spouses, which will be reviewed by the Prosecutors Office and ensure that the rights of minors are protected in the agreement.In the contentious divorce with children, it would be the judge who decides following the celebration of the trial, which is the positioning of the fiscal ministry in the report issued on those that it considers most beneficial for the minors, in this document the fiscal Ministry establishes the guidelines regarding:• The parental power of minors, which, aside from very exceptional cases, is generally shared by both parents.• If custodial custody is granted or stored and custodial to a single parent.• Alimony is allocated for kids and who must pay.• The Visitation regime is set up, that will have the parent who not have custody and guardianship, when it is not sharedGuard and custodyIn the Civil Code in its article 90 and these, guardianship and custody are regulated, alongside the measures to be taken in those marriages which have children, if you find a divorce process. Guardianship and custody of children is represented by the proper and duty of parents to their children, the duty to look after and protect them for a period of their lives.Generally, it is granted in favor of the mother the guardianship and custody of the youngsters, and the daddy is given a visitation regime, with a particular amplitude. Are you aware that visitation regime its given just about in this way:• From Friday to the institution until Sunday at eight or nine during the night, with alternate weekends.• You are given 1 or 2 weekdays, from the institution departure until eight or nine at night.Although today its more common for the judge to grant the custody and sharing, with some exceptions, and in case of children under age three it is still fond of the mother. The father who has his child under his roof, at that time, could have custody and guardianship until the little one returns with another parent.