The joint custody arrangement has become established as the primary form of parental coexistence in Brazil following the modification of the Civil Code through Law No. 13,058/2014.
This adjustment emphasized the significance of both parents being actively involved in raising children, even following a separation.
Lawyers must comprehend the legal consequences and investigative procedures linked to joint custody to safeguard the child’s welfare.
This article will examine the idea, legal foundations, and real-life instances of shared custody, providing a comprehensive understanding of its operation and relevance in everyday legal contexts.
What does a shared guard refer to?
Both parents share responsibilities and decisions about the child’s life in a shared custody arrangement.
Decisions concerning education, health, housing, and other important aspects should be made collectively in this model.
Shared custody does not always mean that the time spent with each parent is the same. The main goal is to prioritize the child’s welfare and enable both parents to be involved in their upbringing, even after a divorce.
Legal foundation for joint custody (Articles 1.583 and 1.584 of the Civil Code)
The joint custody is governed by Civil Code Articles 1.583 and 1.584.
In cases of separation or divorce, these devices prioritize the shared parenting model when both parents are capable of exercising parental authority.
Article 1.583 states the definition of joint custody and highlights the importance of ensuring the well-being of the child through harmonious coexistence.
Article 1.584 states that joint custody will be the standard arrangement, unless one parent is deemed unsuitable.
The STJ has established legal principles that support shared custody as a way to maintain the parent-child relationship and prioritize the child’s well-being.
An illustration of legal principles is provided here.
Reevaluation of the need and possibility and the minor’s best interests in family law agreements involving special resources. Reconsideration of decisions by the original court on the enforceability of agreements. STJ Precedent No. 7.
After the passage of Law n. 13,058/2014, the standard in the legal system shifted to favor shared custody, allowing both parents to be actively involved in raising their children, even if there is disagreement between them. Sole custody would only be granted if one parent expressly opts out or if the court determines that one parent is unfit to exercise parental authority, as outlined in Art. 1584, § 2 of the Civil Code. Additionally, shared custody can be revoked in exceptional circumstances, prioritizing the best interests of the child and adolescent.
What is the most efficient method to study legal principles rapidly?
How does the communal guard function?
The joint security guard operates through teamwork, necessitating ongoing communication between the parents. Its key features include:
- Both parents share the responsibility of making decisions regarding their child’s life, including education, healthcare, and extracurricular activities.
- The child should have a primary residence, but it is important to ensure significant coexistence with the other parent for balanced living.
- Parents can create a detailed plan with schedules and rules to prevent conflicts.
- The model can be adjusted to fit the child’s needs and the parents’ schedule while ensuring the child’s well-being.
When should the shared guard not be advised?
There are circumstances in which the joint security measure may not be utilized.
- Cases of violence or abuse against the other parent or child energize the model in domestic violence situations.
- One parent’s inability: circumstances that hinder the capacity to assert authority within the family, like substance abuse or emotional fragility.
- High level of conflict: when communication between parents is either absent or highly contentious.
The judge can choose a different form of custody, like sole custody, in such cases, always prioritizing the child’s best interests.
Examples that are useful in the Guard Shared.
We provide real-life examples demonstrating the various applications of the shared guard.
After separating, parents in Case 1 agree to share responsibility for making decisions about their child’s education. They arrange for the child to stay with the mother on weekdays and alternate weekends between them.
In a court procedure, the judge decides on shared custody where the father is involved in medical appointments and school events, while the mother takes charge of extracurricular activities.
Mediation is used by parents with a history of disagreements to create a suitable plan for coexistence, focusing on the child’s best interests and well-being.
Practical advice for Lawyers in the Guard Jointly
It is crucial for the lawyer’s involvement to ensure the correct implementation of shared custody, with a focus on the child’s best interests.
Here are some useful recommendations:
Explain the idea of a shared sentinel.
Many clients mistakenly think that shared custody means an equal split of time for co-parenting.
- The shared guard involves both parents sharing responsibility for making decisions about the child’s life.
- The duration of living together may differ, but the main concern is the child’s welfare, rather than a strict splitting of time.
Legal foundation: Civil Code (Article 1.583) and Child and Adolescent Statute (Article 4).
Create a comprehensive plan for living together.
- – Guidelines for communicating with the child (including links and video calls).
- Visiting times and living together.
- Holidays, vacation days, and special occasions.
- Guidelines for communicating with the child (via links, video calls).
- A thorough plan minimizes disagreements and simplifies court approval.
- Visitation hours and living together.
- Holidays, vacations, and special occasions.
- Guidelines for communicating with the child via links and video calls.
Promote communication among parents
- Emphasize the significance of collaboration for the shared guard’s success.
- Proposes reconciliation methods like family mediation and coparenting therapy.
- Mediation for families.
- Coparenting counseling.
- Mediation for families.
- Coparenting counseling.
The main focus should always be on the child’s well-being, which is enhanced by parents being in agreement even after the relationship ends.
Utilize technology to enhance case management.
Digital technologies can enhance your efficiency.
- Utilize AI technology like Legal AI to generate legal documents swiftly, enabling lawyers to save time and focus on case strategy.
- Organize your schedule effectively using tools such as Trello or Google Calendar.
- Suggest using applications such as Our Family Wizard to improve communication and organization among parents.
Carefully evaluate unique instances.
- In cases of domestic violence or abuse, the joint custody arrangement might not be sufficient.
- Inform customers about the option of one-sided protection and suggest precautionary steps if needed.
- Protect the underage and vulnerable son-in-law by strengthening the enforcement of the Maria da Penha Law (Law No. 11.340/2006).
Stay informed regularly about legal rulings.
- Recent court rulings on joint custody, including parental alienation cases, and the definition of cohabitation in remote work settings or urban relocations.
- Cases of parental alienation.
- Definition of coexistence in the context of remote work or urban transformations.
- Utilize these examples as a foundation for petitions and arguments presented to audiences.
- Cases involving parental alienation.
- Definition of living together in the context of working remotely or changes in urban areas.
Take into account the psychological aspects of the child.
- Collaborate with psychologists and social workers to assess the effects of joint custody on the child.
- Emphasize the significance of a secure and thriving environment, even when living in different households.
Be honest regarding customer expectations.
- Discuss the realistic potential and constraints of utilizing shared security.
- The judge always puts the minor’s best interests first, even if it goes against the parents’ personal desires.
The significance of joint custody in Family Law
The joint custody model demonstrates progress in Family Law by encouraging parental responsibility and prioritizing the child’s welfare.
Dialogue, planning, and a child-centered approach are essential for its implementation.
Lawyers must grasp the legal intricacies and procedures of joint custody to deliver high-quality care and uphold the rights of everyone involved.
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What does a shared guard refer to?
The shared custody arrangement involves both parents sharing the major responsibilities and decisions regarding the child’s life.
When is it not advisable to use a shared guard?
Cases of violence or abuse against a parent or child, a parent’s inability to exercise family authority due to conditions like substance abuse or emotional instability, and a high level of conflict between parents characterize domestic violence situations.
How does the joint guard function?
The shared guard operates through teamwork, necessitating ongoing communication among the parents.
