Brazilian Civil Code

The guard could be classified in common, only guard, alternated, aninhamento and be shared. Important to register that any that is the guard modality the ideal is that by means of it if keeps alive the relation of parents and children to allow the development them of affective bond, exactly after the dissolution of the conjugal life.

3.3 – Common guard common Guard occurs when ‘ ‘ the exercise of the guard is divided igualitariamente enters the genitors as result of the power familiar’ ‘ , when both the genitors coexist in familiar environment. 3.4 – Guard Only, divided or monoparental only, exclusive Guard represents the traditional system that, usually, invigorated as legal model until the advent of the Law n 11,698, of 13/6/2008, that it modified the new Brazilian Civil Code. He occurs when the separation happens or when the recognition of the son on the part of the genitor does not occur. In this in case that, the minor is under the responsibility of one of the parents, in fixed residence, receiving visits periodic from the other genitor. doctrine defends that the genitor not-guard ‘ ‘ it continues with some powers and duties it stops with its children, extremely reduced, but presentes’ ‘ .

Art. 1.583, with the new legal writing, foresee the guard unilateral, in the following terms, verbis: Art. 1.583. The guard unilateral or will be shared. (…) 2 the unilateral guard will be attributed to the genitor who discloses better conditions to exert it e, objective, more aptitude to propitiate to the children the following factors: I? affection in the relations with the genitor and the group family; II? health and security; III? education. 3 the unilateral guard compels the father or the mother whom it does not withhold to supervise the interests of the children.

Tuesday, January 24th, 2017 News