Custody Agreement While Living Together

Interest in shared custody is most prevalent in the United States, Canada and Western European countries. As the roles of parents change in these areas and fathers assume more responsibilities in intact families, time spent together or dual housing seems to be gaining popularity. A study conducted in the United States showed that between 1980 and 1992, shared physical custody increased from 2.2% to 14.2% of cases (Melli, Brown and Cancian 1997). Is there any evidence that living under a co-parent`s roof is good for children? To date, studies have been rare. In addition to the informal amendments made by the parties themselves (they are often not ratified by a change in the formal decision of the court), the court may amend the verdict because it is never considered a final order and is therefore subject to an amendment. This non-validity of care reflects concern about the need to protect children from harmful circumstances, but is at odds with an equally important policy that promotes the stability of children. This is why there is a clear tendency in the law to complicate changes, which prevents parents from resising custody decisions. For example, consideration of a change in sentence may be limited to situations in which it can be shown that circumstances have changed since the date of the custody order or when evidence that the court did not take into account when issuing the order-in-council is presented for the first time. Some legal systems are even more restrictive and prohibit the consideration of fixed-term amendments, for example. B two years after the introduction of the original order, unless the existing physical custody regime seriously endangers the child. Co-parenting or common parenthood has also helped some former spouses who live together to present a single front. Despite their order of life, they are still struggling with children who are trying to take advantage of their divorce. Once the conditions for reviewing a change of custody have been defined, the question arises as to whether a change in custody is in the best interests of the child.

Here too, the fear that a change of liberty is not good for the child is an important consideration. The usual assumption is that staying in the current mediation is in the best interests of the child. In addition to keeping in mind that the children`s lives are changing, the courts consider the same issues when amending as they did when the original arrangement was developed.

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