WHAT MAKES THE FATHER GAIN CUSTODY OF THE CHILD?

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Priscila Tardin Advogada

Published on Apr 7, 2021
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Brazilian society is accustomed to seeing custody of children and adolescents being granted to mothers. It can be both strange and surprising when a father claims that, after separation, his children live with him. This idea certainly stems from our culture, where women have always been seen as the caregivers of the home and family, while men were or should be the providers. Fortunately, we have evolved. This situation has been changing in the courts for some years now. Apart from cases in which fathers or mothers give up their right to have their children with them, the fact is that, when there is a legal dispute over custody, judges take their focus away from the litigants and start looking at who really matters: the child(ren). A guiding principle of Family Law is the best interests of the child. Therefore, not only in cases that discuss custody, but in any other case involving children or adolescents, one must pay close attention to those who are often the true victims of family disagreements that reach the courts. The idea that the mother should stay with the child often falls apart when the judge starts to analyze which parent is able to offer a more dignified life for the child. To do this, he relies on evidence. In this video, I present some of the evidence that is usually produced in a custody action and explain how a judge is guided when faced with the difficult task of deciding which of the two parents the child will live with. In the video, I talk about custody granted to the father, but the understanding is identical (or should be) when the judge rules in favor of the mother. CLEARING UP DOUBTS ABOUT FAMILY LAW. CLEARING UP DOUBTS ABOUT CHILD CUSTODY.

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