The application for shared custody and guardianship as opposed to shared custody requested by the father was upheld. After learning that her husband had started divorce proceedings, Ms. C. L. came to our office to receive legal advice from our Family Lawyers.
Her husband is requesting joint custody of the two common children, with each of the parents assuming the expenses of the children while they are in his company.
Mrs. C. L. expresses her concern for the welfare of her children, considering that the most beneficial for them is that they remain in the custody of their mother, especially considering the young age of one of them, who was only 9 months old, and taking into account that since his birth she has been the one who has been responsible for the total and absolute care of the children, since since she married her husband she has devoted herself entirely to the care of the house and the children, as they both decided from the beginning.
Our Law Firm has answered the divorce action filed by the husband, requesting the custody of the two children in favour of the mother, as well as the attribution of the use and enjoyment of the family home to the children in the company of the custodial parent. We also request alimony for the two common children and a compensatory pension for Ms. C. L.
Finally, the Judge upheld our claim in full, rejecting the joint custody requested on the contrary, as the parents did not meet all the requirements for the attribution of this system of custody and guardianship. The judge based his decision mainly on the young age of the children, it having been demonstrated that since their birth Mrs. C. L. had been the primary carer. The other reasons for rejecting joint custody included the poor relationship between the two parents, as well as the enormous distance between the paternal and maternal residences, who lived in different locations, which would require daily travel for the children. Thus, the adoption of joint custody would be counterproductive for the children and would substantially alter the dynamic of the children's lives.
Consequently, the judge awarded the use and enjoyment of the family home to the children in the company of Mrs. L., setting a maintenance allowance of 800 € for the two common children as well as a compensatory allowance in favour of our client, as there was a clear imbalance in relation to her husband's position, which implies a worsening of her financial situation during the marriage.
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