Best Child Custody Lawyers in Šiauliai

About Child Custody Law in Šiauliai, Republic of Lithuania

Child custody law in Šiauliai, like the rest of the Republic of Lithuania, is focused on ensuring the best interests of the child in cases involving separated or divorcing parents. Child custody (parental authority) refers to the rights and responsibilities of parents to care for their minor child - including everyday decisions, residence, education, and health. Lithuanian law is clear that both parents have equal rights and duties towards their children, and any decision made by the authorities, including the courts, must prioritize the child’s welfare above all else.

Custody decisions may arise during divorce, separation, or when unmarried parents disagree on arrangements regarding their child. The Civil Code of Lithuania governs how decisions are made on parental authority, residence, visitation, and child support. Šiauliai, being one of Lithuania’s regional centers, follows national laws but legal procedures often take place in Šiauliai City District Court.

Why You May Need a Lawyer

Legal matters involving child custody can be complex, emotionally charged, and life-changing. Consultation with a lawyer is highly advisable in certain situations, including:

• Parents are divorcing and cannot reach an agreement on custody or visitation
• One parent wishes to relocate with the child to another city or country
• There are concerns about a child’s safety or wellbeing in the other parent’s care
• There is a history of domestic violence, abuse, or neglect
• The non-custodial parent seeks to change or enforce visitation rights
• Child abduction concerns or international custody disputes
• Unmarried parents disagree about their rights and responsibilities
• Complex asset or financial situations impacting child support

A lawyer familiar with child custody in Šiauliai can help represent your interests, ensure all legal steps are correctly followed, and advise on the best course of action for your unique situation.

Local Laws Overview

The legal framework for child custody in Šiauliai is based on the Republic of Lithuania’s Civil Code and related regulations. Here are some key points relevant to custody matters:

• Both parents have equal rights and responsibilities unless a court decides otherwise
• The “best interests of the child” standard is paramount in all proceedings
• The court may grant joint custody (parental authority) or assign sole custody to one parent, based on the child’s emotional, physical, and psychological welfare
• The court takes account of the child’s views, especially if the child is mature enough (from approximately age 10 and older, unless special circumstances exist)
• Contact and visitation rights are typically preserved for the non-custodial parent unless there are serious risks to the child
• Child support (alimony) obligations are set according to the needs of the child and the financial abilities of the parent
• Temporary custody or protective measures may be ordered if there are urgent concerns
• Decisions can be modified if circumstances change significantly

There are also specific procedures if one parent wants to travel with the child abroad, if parental authority needs to be suspended, or in cases involving guardianship.

Frequently Asked Questions

What does child custody mean in Lithuania?

Child custody refers to the legal rights and responsibilities parents have to care for and make decisions on behalf of their minor children. This can include daily care, education, medical decisions, and deciding the child’s place of residence.

Who decides child custody in Šiauliai?

If parents cannot agree, the Šiauliai City District Court will decide custody arrangements, always considering the best interests of the child.

Can both parents have custody?

Yes, Lithuanian law allows for joint custody, meaning both parents maintain parental authority and share responsibility for the child’s upbringing, even if they live separately.

What factors does the court consider when making a custody decision?

The court considers the child’s needs, each parent’s ability to provide care, the emotional bond with each parent, the child’s opinion (depending on age and maturity), and any risks to the child’s safety or welfare.

Can a child choose which parent to live with?

The child’s views are taken into consideration, particularly if the child is around 10 years or older, but the final decision rests with the court based on the child’s best interests.

How is visitation handled?

The non-custodial parent almost always retains the right to have contact and spend time with the child, except when it may harm the child. Arrangements can be made by agreement or by court order.

What happens if a parent wants to move abroad with the child?

Moving abroad typically requires the consent of the other parent. If consent is not given, the matter can be resolved by the court, considering the best interests of the child.

How is child support determined?

Child support is calculated according to the child’s needs and the financial capacity of the parent. The court will issue a formal decision if parents cannot agree on the amount.

Can custody arrangements be changed?

Yes, if circumstances change substantially, either parent can apply to the court for a modification of custody or visitation arrangements.

What should I do if the other parent is not following the custody agreement?

If a parent is violating an agreement or court order, you can seek enforcement through the Šiauliai court system. In urgent situations, the police or child protection services can be involved.

Additional Resources

For additional help and information, you might consider contacting the following resources:

• Šiauliai City Municipality Child Rights Protection Division - assists with protecting children’s rights and welfare
• State Guaranteed Legal Aid Service - offers free or subsidized legal assistance to eligible individuals
• Lithuanian Bar Association - directory of licensed attorneys in Šiauliai and nationwide
• Lithuanian State Child Rights Protection and Adoption Service - provides information and help with children’s legal issues
• Non-governmental organizations focused on family and child welfare

Next Steps

If you are facing a child custody issue in Šiauliai, consider the following steps:

• Gather any relevant documents, such as your child’s birth certificate, previous agreements, correspondence, and proof of income
• Contact a qualified lawyer experienced in child custody matters in Šiauliai for a consultation
• If you cannot afford a lawyer, apply for state guaranteed legal aid through the appropriate governmental agency
• Comply with any interim arrangements and prioritize the wellbeing of your child throughout the process
• If there are urgent concerns about your child’s safety, contact the local Child Rights Protection Division immediately

Having professional legal guidance can help you navigate complex procedures, protect your rights, and achieve the best possible outcome for your child’s future.