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Child custody law in Funchal, Portugal, is orchestrated under the Portuguese Civil Code and the Law of Protection of Children and Youth at Risk. The laws aim to enforce the best interests of the child, considering factors such as emotional ties, parental capacity, stability, and the child's wishes (subject to their age and maturity). Shared custody is promoted, but in cases where it isn't advantageous for the child, sole custody can be awarded.
You may require legal help in matters of child custody if you're going through a divorce, legal separation, dealing with domestic abuse, or the parent of the child(ren) has passed away. A qualified attorney can guide you through the legal maze, help you understand your rights and obligations, and ensure that your child's best interests are prioritized. They can also assist with negotiation, mediation, and representation in court if necessary.
The Portuguese law considers that both parents, regardless of their marital status, have identical rights and duties concerning their child. As part of shared custody, both parents have the right to spend time with their child unless detrimental to the child's well-being. When sole custody is granted, the non-custodial parent has the right to visit, maintain relationships with their child, and must contribute towards the child’s upbringing. All decisions should be guided by the child's best interest.
The court considers several factors, such as the child's emotional bonds, parental capacity, age, and wishes before determining custody. There may be involvement from psychologists or social services if deemed necessary.
Yes, custody orders can be modified if the court agrees that there has been a significant change in circumstances and if the modification is in the best interests of the child.
Under Portuguese law, grandparents have the right to establish personal relationships with their grandchildren. If this is unjustifiably denied, they can appeal to the courts.
Child support and visitation rights are treated as separate issues. A parent is not legally allowed to deny visitation because of non-payment of child support.
Court proceedings are typically the last resort in child custody cases. Most disputes are settled via mediation or collaborative law processes.
For more information, you can reach out to the Portuguese Judicial Authority (Instituto de Gestão Financeira e Equipamentos da Justiça) or the Commission for Protection of Children and Youth (Comissão de Proteção de Crianças e Jovens). The Citizen's Portal (Portal do Cidadão) also provides useful information.
If you require legal assistance, you should seek out a lawyer specializing in family law. Before hiring, ensure they have experience in child custody cases, understand your situation fully, and outline your options. Consider legal aid services if affordability is a concern.
