Parental Custody
In the Netherlands, parental custody usually falls on both parents. Either under a legal or common-law marriage, both of them are automatically given the custody of the children born from the union. In the case of common-law spouses, there is a condition that the father acknowledges the child.
In case of divorce, or if the common-law marriage dissolves, both parents continue sharing the custody over the child. In most cases, the daily care and education of the child usually fall on only one parent. However, the important decisions affecting the children should be taken by both parents.
If you wish the custody of a child and it is not automatically granted, you can request it through a lawyer in the family matters section of the court. The custody may fall on the parents or other persons (the parental responsibility and the shared custody).
When parents exercise shared custody and one of them is subject to guardianship, custody will be granted to the other parent. If the judge suspects that this may result in poor attention to the child, they can appoint a guardian. If the Minors' Bureau or the Child Protection Council requests the judge to take the child away from his/her residence because both parties are under guardianship, a guardian will be appointed.
If you are not married and have no common-law partner, you should resort to the judge to request shared custody. If you meet the requirements, you will be entered in the child custody registry and you and your couple will share the custody of your child or children.
When you start a new relationship, you may request shared custody with your new couple; for example, when you are planning to live with another person after divorce. You may request shared custody to the judge through a form.
All these examples are included within the area of Personal and Family Law. Gimbrère International Advocaten defends your interests in this area, both in and out of court.
All these examples are included within the area of Personal and Family Law. Gimbrère International Advocaten defends your interests in this area, both in and out of court. For further information, visit our web page, especially devoted to this type of cases: www.echtscheiding-advocaat-breda.nl