Child custody is one of the most sensitive issues during a separation or divorce.
The primary objective is always to protect the best interests of the child, while respecting the rights and responsibilities of each parent.
Our Cabinet d’Avocats à Toulon, specialized in family law, will work with you to find a balanced agreement or defend your rights before the juge aux affaires familiales (JAF).
Understanding child custody under French law
In the event of separation, the judge determines the child’s residence based on the child’s situation and best interests.
There are two main types of custody:
| Custody type | Organization | Benefits | Disadvantages |
|---|---|---|---|
| Alternating residence | Child lives alternately with each parent (1 week/1 week, for example) | Maintaining a strong bond with both parents | Need for geographical proximity and good parental understanding |
| Main residence | The child lives mainly with one parent, the other has visiting and accommodation rights. | Stable living environment | Less regular contact with non-custodial parent |
Alternating residence
Alternating residence is preferred when both parents live close to each other and are able to cooperate for the child’s well-being.
The judge may decide that the child will live mainly with one of the parents, with the other having visiting rights (weekends, school vacations).
Special cases
- Far move: distance can make alternating residence impossible.
- Infamilial violence: the child’s safety comes first, protective measures can be taken.
- Serious conflicts: the judge favors stability to limit the psychological impact.
What criteria does the judge take into account when determining custody?
The family affairs judge makes his or her decision by analyzing several essential elements.
The best interests of the child
This is the central notion when it comes to childcare. The child must benefit from a stable and secure living environment.
Emotional and material stability
- Housing stability
- Parents’ availability
- Ability to meet children’s educational and emotional needs
The child’s age and opinion
From 10-12 years, children can be heard by the judge to express their preferences.
The role of the lawyer in a child custody dispute
Calling on a Child custody lawyer in Toulon is essential to defend your rights and secure the procedure.
Accompaniment during a divorce or separation
- Assessing your family situation
- Advice on the right strategy
- Preparing the necessary documents
Defense before the JAF
Your Lawyer represents your interests before the tribunal judiciaire de Toulon, putting forward the elements that demonstrate your ability to guarantee the child’s well-being.
Negotiating an amicable agreement between parents
When dialogue is possible, the lawyer favors mediation to avoid lengthy, conflict-ridden proceedings.
Need immediate help?
Contact our family law firm for a confidential first appointment.
Modification of a child custody decision
A custody decision can evolve over time if circumstances change.
Changes in family or professional situation
- Moving
- New work rhythm
- Changes in the child’s needs
Review procedure before the JAF
Your Lawyer accompanies you in requesting a change of custody from the competent judge.
Parental rights and duties
Joint parental authority
Both parents continue to exercise parental authority, unless the judge decides otherwise.
Maintenance allowance
The parent who does not have primary custody contributes financially to the child’s upkeep.
Respect for judicial decisions
Failure to comply with the judge’s rulings may result in civil and criminal penalties.
If you run into difficulties, consult our page on civil liability or our team in criminal law.
Why call on our Toulon office?
Experience in family law
Over 30 years of expertise in managing complex family disputes.
Personalized, attentive defense
Each situation is unique: we build a tailor-made strategy.
Close to the Toulon law court
Our local knowledge is an asset for more efficient procedures.
FAQ – Child custody lawyer Toulon
How is child custody determined in a divorce?
The judge bases his or her decision on the child’s best interests and the parents’ overall situation.
Is alternating residence automatic?
No, it is decided if it corresponds to the child’s well-being and the parents’ ability to cooperate.
At what age can children choose their residential parent?
Their opinion can be heard from the age of 10-12, but the final decision rests with the judge.
Can child custody be modified after a court ruling?
Yes, in the event of a notable change in family or professional circumstances.
How much does a child custody lawyer in Toulon cost?
Fees vary according to the complexity of the case and the procedure involved.
Contact our firm for a personalized quote.