The alternating residence allows children to share their living time between their two parents after a separation or divorce.
It’s a delicate organization that must always be decided in the best interests of the child.
Our law firm in Toulon will support you in implementing, contesting or adapting an alternating residence, with rigor and humanity.
Contact us today to defend your parental rights.
What is alternating residence?
Definition in French law
Alternating residence is an organizational arrangement provided for in the Civil Code, enabling the child to reside successively with each parent, according to an equitable division of time.
Difference with principal residence
| Criteria | Alternating residence | Main residence |
|---|---|---|
| Living space | Equal shares from both parents. | Mainly with a single parent. |
| Decision | Agreement between parents or judge’s decision. | Frequent court decision in case of conflict. |
| Organization | Alternating schedules (1 week/1 week, etc.). | Visiting rights for the other parent. |
Legal and practical conditions
- Geographical proximity of homes.
- Sufficient availability of each parent.
- Ability to cooperate in the child’s best interests.
- Assessment by the juge aux affaires familiales (JAF) if disagreement.
When is alternating residence an option?
Divorce or separation of parents
This is one of the most common situations in which alternating custody can be set up.
Amicable agreement between parents
A negotiated agreement, with the help of a lawyer, is often the best way to avoid conflict.
Family court decision (JAF)
In the event of disagreement, the judge decides on the basis of the best interests of the child.
What criteria does the judge take into account?
Best interests of the child
This is the central criterion, defined by article 373-2-6 of the French Civil Code.
Geographical proximity of parents
Facilitates the child’s schooling and social life.
Availability and parental involvement
Taking into account the time actually available to look after the child.
Child’s opinion
Depending on the child’s age and maturity, the judge may hear the child’s opinion.
The role of the lawyer in a request for alternating residence
- Upstream consulting to assess feasibility and prepare the elements of the dossier.
- Negotiating an amicable agreement between the parents to avoid a lawsuit.
- Defense before the JAF to present solid arguments and protect your rights.
See also: Family law lawyer in Toulon
Contesting or modifying alternating residence
Changes in family or professional situation
Moving house, changing jobs or relationship difficulties may mean adapting your childcare arrangements.
Review procedure before the JAF
Your lawyer asks the judge to modify the initial decision.
Why choose our Toulon office?
- Recognized experience in family law and parental disputes.
- Proximity to the Toulon judicial court, facilitating responsiveness.
- Personalized defense, always focused on the child’s best interests.
FAQ – Avocat résidence alternée Toulon
Is alternating residence automatic in Toulon?
No, it must be decided by agreement between the parents or by the judge depending on the child’s best interests.
At what age can a child choose alternating residence?
The child’s opinion is taken into account as soon as he or she is deemed mature enough, usually around age 10.
What criteria does the judge take into account?
Proximity of homes, parents’ availability, stability of the environment and the child’s opinion.
Can an alternating residence be modified after a ruling?
Yes, in the event of a significant change in family or professional circumstances.
How much does a lawyer cost for an alternating residence procedure in Toulon?
Fees vary according to the complexity of the case. A clear estimate is provided at the first appointment.