The custody of a child is always a problem that will put the two parents in conflict. If both fight for it, it will become a very harmful situation for the growth of a child, especially after passing the difficult stage of divorce. You can read more about “How can a father get full custody?” here.
It has always been said, that it is better the peaceful conciliation between the two parents for the possession of their children. If this does not happen, which usually happens, the custody will be given by a judge following some guidelines that we will explain for our followers of social networks.
What does the Law say about this?
The first thing that must be defined is that by law, both the father and the mother are obliged to fulfill their duty as parents in the care of the child and ensure their well-being.
Being parents, the law obligates them to care for them, regardless of who has custody. This is what the Law 1098 of 2006 says in article 23:
“Children and adolescents have the right to have their parents permanently and jointly assume their custody directly and in a timely manner for their integral development. The obligation of personal care also extends to those who live with them in the family, social or institutional, or their legal representatives.
In order to have custody of a child, the judge determines who of the two can offer an adequate environment for the integral growth of the child. One of the primary aspects is the time available to the father to take care of his son.
The opinion of the minor
Another referent and of great importance at the time of determining the custody and that the judge takes into account is the opinion of the child. The judge will hear from his own voice who he prefers to be with, without implying the other parent’s denial of not seeing him.
The child will say who he / she feels better with. But it is important that your opinion is not manipulated, because the judge may impose a drastic sanction on the manipulator.
In all cases, it is always appropriate to hire a Civil Lawyer or Family Lawyer to take this case, since it requires a legal defense procedure.