Family and juvenile law is a branch of law focused on the well-being of minors and their families, in cases of... divorce. Learn more about family law in this article. 

What is Family and Juvenile Law?

Family and juvenile law focuses on issues related to family and issues concerning parents and children, at the judicial level. 

Family Law: Concepts and General Principles

Within the field of family law, there are essential principles to ensure that the process is based on ethical pillars. These principles include:

• Principle of protecting dignity;
• The principle of family solidarity;
• The principle of equality among children;
• The principle of equality between spouses and partners. 

What does the law say about Family Law and Minors?

The law makes it clear that the child has the right to spend time with both parents. In the case of the parent with whom the child does not live, visitation should be as extensive as possible, in order to allow for the best possible relationship and affection between the children and their parents. 

How does Family Law work in Portugal?

Family law deals with issues such as child custody in divorce situations, or when a common-law marriage ends. When a separation occurs, this area of law intervenes to ensure the best possible situation for the children involved. 

What are parental responsibilities?

As Parental responsibilities These issues relate to factors such as who gets custody of the children, how often the parents see their children, or the amount of child support to be paid.

In other words, parental responsibilities are a set of rules established by the courts, which aim to determine the division of time and responsibilities that parents have with their children in situations of divorce, for example. 

Who wields paternal power?

Parental authority encompasses all rights and responsibilities relating to a child and their property. Parental authority is exercised by both parents in the most equal way possible until the child or children they have in common reach the age of majority. 

Who are the legal representatives of a minor?

Legal representatives are the people who have custody of the minor. These can be the parents, for example, or in other cases other family members. This figure is responsible for taking care of and safeguarding all the rights of the minor. 

What is the role of the family court in child custody?

The court is the entity responsible for deciding how custody is shared between the parents, and what the value of the child support is. child support to pay and by whom.

The court is the primary recourse, especially in situations where there is disagreement regarding custody, such as... contested divorce.

How does shared custody work in divorce cases?

Joint custody is the most common way of dividing parental responsibilities in Portugal. According to the law, both parents have equal responsibility for their child. 

Exceptionally, custody may be granted solely to one of the parents. 

What types of guards exist in Portugal?

Joint custody and shared custody are the two types of custody practiced in Portugal. In the first, decisions are made jointly, while in the second there is a physical and temporal separation between the parents. 

How is child custody decided in the event of a divorce?

A child custody It is decided in court, based on the existing family environment and the parents' circumstances.

What is the difference between shared custody and sole custody?

In the case of joint custody, custody is divided between the parents, while in sole custody, custody rests with one of the parents. Sole custody occurs in exceptional situations. 

Who has the right to custody of a minor in case of divorce?

Custody of a minor is divided between the parents as equally as possible. Therefore, both parents of a minor have the right to custody of the child.

What are the rights of grandparents in relation to their grandchildren?

In divorce cases, grandparents can also be legal guardians of their grandchildren. This happens in situations such as:

• Right to visit;
• Temporary guardianship, where grandparents have the right to stay with their grandchildren in specific situations;
• In cases where the parents die, the grandparents become the legal guardians. 

How does child support work?

Child support payments are made monthly and are intended to cover the minor's expenses related to clothing, education, or health. 

When is it possible to request parental alienation?

A parental alienation It can be requested in contentious divorce situations where the psychological or emotional consequences are negatively affected. 

What rights do minors have in cases of domestic violence?

In situations of domestic violence, minors have the right to a safe place and a healthy childhood. In this sense, these children are often placed with other family members who have a stable and balanced home. 

Can a child choose who they want to live with in case of separation?

From the age of 12, a child can be heard in court, especially regarding their parents' relationship after a divorce. Therefore, children partly have a say in deciding who they want to live with.

When can I request full custody of my child?

Full custody of a child occurs in situations of abuse or neglect, where the child is at risk. 

For more information, contact divorce lawyers, where you will have access to the best professionals to help you with these and other issues. 

Conclusion

Parental responsibilities relate to the duties of parents to ensure the well-being of the child. By law, these responsibilities fall to both parents, except in situations of abuse or violence, where these responsibilities fall to one parent or to the grandparents.

This is why there is joint custody and sole custody, where in the first both parents are involved in custody, and in the second it only concerns one of the parents.