Typically, a mother-father couple is the legal guardian of their children. The guardian is the person responsible for the child. They can accept medical care or the adoption process and decide where and with whom the child lives. In addition, he/she will make many decisions regarding the child`s education, such as which school or church he/she will attend. Sometimes a mother or father finds himself in a difficult situation and does not believe that he can continue to be responsible for his children. In these cases, choosing a guardian or tutor may be a good option. This option can give you a way to prevent DCYF from influencing the family. If you are considering raising your child as a guardian or legal guardian, there are a few things you should keep in mind before doing so. From the obligation to live together follows the rule that the legal domicile of the minor is that of the parent or parents who have legal custody or custody. [4] It is a legal figure used when the custody of a minor or disabled person is transferred to a person responsible for the protection of his vital rights and property. Guardianship or custody involves the power to correct children associated with parenting and supervisory duties.
The characteristics of this power have evolved to address parental maltreatment and abuse[6] in order to prohibit punishment, whether physical or psychological, in the Convention on the Rights of the Child. In family law, depending on the country, terms such as custody, guardianship and custody, personal custody, guardianship, custody or custody are used to refer to one of the main components of parental authority or parental responsibility of parents over their children, although the institution also extends to the relationship with incapable persons. The above expressions are not always synonymous and vary from country to country, but in all cases they refer to the recognition of the parental authority of children and the right to live with them. [1] Argentine lawyer Eduardo Zannoni argues that guardianship is one of the three main groups of personality rights obligations that make up parental authority, the other two being support and education. [2] In English, the most commonly used terms are “child custody” and “legal guardianship”, although after the adoption of the Convention on the Rights of the Child in 1989, the terms “residence” and “contact” or “visitation” were also used to refer to these realities. The voluntary reduction of working hours is a right stemming from the need to reconcile family and professional life. The employee needs hours to provide care for the minor or person with a disability or to care directly for a parent. And in order to implement the fundamental rights of gender equality and the protection of the family and children, the worker is empowered to determine the conditions for this reduction in working hours. Without the custody order, you may not be able to enjoy these legal rights, even if you are the parent who cares for your child on a day-to-day basis. However, if you file the application for custody, it is possible that the other parent will assert these rights, and it depends on the judge`s decision.
Legal guardianship is a legal figure that allows workers to request a reduction in working hours, but do you know the situation it creates and the conditions for its admission? Below we explain the details of this concept; its conditions and consequences in the workplace. Custody refers to the rights and obligations of parents towards their children following divorce, legal separation or paternity judgment. There are two independent forms of detention. This information will inform you based on applicable law when you publish it. It is marketed as a public service and does not replace legal advice on the facts of your particular case. In most cases, a child lives with one parent and regularly spends time with the other. The court decides that the parents have custody of their children. There are two types of custody: “lawful custody” and “physical custody” (which can be given as “single physical custody” or “joint physical custody”). Among the rules that custody entails is the obligation for children to live in the same house as the person or persons who have legal custody or guardianship, an obligation that also falls on the owner or holders of the same thing.
For this reason, custodial parents can request the return of their children to the home in the event of an escape. [7] For his part, Cárdenas Camacho points out that legal custody or guardianship also involves custody or material custody (called “tenure” in Mexican law), a concept closely related to coexistence. [4] With regard to the other consequences, it should be noted that the reduction of working hours for legal guardianship is a right that supports the employee and cannot be limited by the damages found by other employees of the company. This means that the possible disadvantages of the employees do not prevail over the fundamental right protected in this case. The company is not required to hire more employees and may cover the employee`s absence by a justified change to the schedules of others. However, this justified change does not restrict the right of workers to voluntarily terminate their contract due to substantial and detrimental changes in their working hours. The holder or holders of legal custody have the right to supervise the child or the person under his authority. If the child or a third party suffers harm as a result of the breach of the duty of care, the legal guardian is liable according to the culpa in vigilando (guilt of not observing) criterion.
[4] The purpose of custody is the most difficult part of the divorce process: should you apply for primary custody? Should you apply for joint custody or 50% temporary custody? Essentially, those are your three options. In Argentina, the installation has been legally designated as “personal hygiene” since 2015 (Art. 648 CCyC). In the past, the terms “custody”, “possession” and “visits” have been used, which are still used in doctrine and jurisprudence. Personal custody is one of the main legal obligations of the “parental responsibility” system, which replaced the former system of parental responsibility in 2015, and is governed by the Civil and Commercial Code, Book II (Family Relations), Title VII (Parental Responsibility, Articles 638-704). `Any person who, for reasons of legal guardianship, has under his immediate custody a minor under twelve years of age or a person with a physical, mental or sensory disability who is not gainfully employed shall be entitled to a reduction in the daily working day together with a proportional reduction in salary of between at least one eighth and not more than half of its duration. In summary, custody creates a sphere of labour rights in the employee that must be respected by the employer Custody or legal guardianship of the child does not mean that children cannot also be in the care or care of a third party, as happens for example in the school system (administrative guardianship) or a family member (de facto guardianship). [4] In these cases, many of the responsibilities, rights and obligations associated with custody are transferred to the third party who is physically responsible for them. However, depositaries retain their duty of supervision vis-à-vis third parties entrusted with physical custody.
[4] Despite the nature of the agreement or arrangement you have with a potential legal guardian of your child, you cannot terminate it yourself. You will have to go back to court to convince a judge that you need to stop it. In any case, the judge must assess the case “in the best interests of the minor child”. No matter what he has done – or everything that is right and what he should do – the judge may decide that it is not in the best interests of the minor to change location – and this may mean that the minor child remains with the legal guardian. The longer the child stays with the guardian, the harder it becomes to convince a judge that the child needs to live with you again and cannot justify it, which means that the child stays with the legal guardian.