After separation or divorce, the organization of family life becomes an essential priority to ensure the well-being of children. Decisions concerning custody, visiting rights and child support must be made in the best interests of the child, while respecting the rights and obligations of each parent. The Lacombe Brisou law firm can support you in these steps to establish fair and lasting agreements.
Types of care: which solutions are best?
Exclusive custody
In this case, the child lives mainly with one parent, while the other has visiting and accommodation rights.
- Benefits: Brings stability to the child, especially in the event of disagreements between parents.
- Judge’s criteria: Availability, proximity to place of schooling, custodial parent’s educational and emotional abilities.
💡 Practical example: A parent with flexible working hours who lives near the child’s school gets sole custody, with the other parent retaining visiting rights at weekends.
Alternating custody
The child’s time is divided between the two parents, often equally or according to a predefined schedule.
- Benefits: Promotes parental balance and limits separation-related frustrations.
- Requirements: Good communication between parents and geographical proximity.
- Limitations: May upset some children, especially younger ones or those needing stability.
💡 Practical example: Two parents living in the same city agree on weekly alternating custody, enabling their child to maintain a stable rhythm.
Residence with a third party
In exceptional cases (serious conflicts, parents unable to assume their responsibilities), residence can be arranged with a third party, often a family member.
To know: The decision to entrust a child to a third party is taken as a last resort and only if the child’s best interests justify it.
Alimony: an obligation to guarantee children’s future
Role and calculation of alimony
Alimony is a sum paid by one parent to the other to contribute to the child’s needs (housing, food, schooling, activities).
- Calculation criteria: Income of both parents, number of dependent children, specific expenses.
- Indicative scale: Judges can rely on a national scale to assess the amount.
💡 Practical example: A parent earning €2,500 a month contributes €300 a month to cover their child’s school fees and extracurricular activities.
Review and dispute
Alimony can be revised in the event of a significant change in the financial situation of one of the parents (loss of job, increase in income).
- Procedure: Application to the family affairs judge.
- Sanctions in the event of non-payment: Attachment of wages, intervention of a bailiff or collection by the CAF.
Note: In the event of repeated non-payment, the beneficiary parent can file a complaint for family abandonment.
Custody and support disputes: how to manage them?
Amicable resolution
Family mediation can help find solutions tailored to the needs of children and parents.
💡 Practical example: In mediation, parents reach a compromise on the frequency of visitation rights to avoid conflict.
Judicial intervention
In the event of persistent disagreement, the Family Affairs Judge (JAF) decides on the basis of the child’s best interests.
- Main criteria: Living conditions, child stability, relationship between parents.
To know: Recourse to a judge is often more time-consuming and costly than an amicable solution, but may be necessary in serious disputes.
Why hire a lawyer?
Decisions concerning children require legal expertise and consideration of the human issues at stake. A family law attorney can help you :
- Negotiate amicable agreements and avoid costly litigation.
- Protect your parental rights and those of your children before the judge.
- Make your case in disputes over child support or custody.
- Anticipating future developments to ensure stable family organization.
💡 Practical example: A lawyer obtains a review of alimony for a parent who has lost his job, avoiding major financial difficulties.
With le Cabinet Lacombe Brisou, benefit from customized support and recognized expertise at these key moments.
