Custody is usually requested by grandparents or relatives of a young child whose parents have both died.
Such situations are usually emotional, practical and legally complex and always require personal support. Thanks to their years of experience and expertise, specialist attorneys Keyser Attorneys in Antwerp are able to quickly detect the problem areas in such cases, thereby saving costly time and resources.
WHAT IS THE GUARDIAN RESPONSIBLE FOR?
In principle the guardian is responsible for everything that parents traditionally take care of. The guardian is also responsible for the upbringing of the child, the provision of parental duties and management of the child’s possessions. For example, the guardian must ensure that the child receives the appropriate education and medical care.
Parents can make the necessary arrangements during their lifetime about the custody of their children in the case of death. Normally two scenarios are given for either the case of the death of one parent or for the death of both parents. The will can be drawn up in either a general or detailed form. Account can also be taken of specific situations as described below::
- When the surviving parent is unable to exercise parental authority. A distinction can be made here between temporary and permanent inability.
- When the surviving parent is completely or partially removed from exercising parental authority.
- The testator’s specific wishes that the surviving parent can take into account in exercising their parenting.
When parents are divorced prior to the death of one of them or where the child has no close ties with the surviving parent, action can be taken by the grandparents or other family members. This is also the case when the surviving parent lives abroad or there are concerns about the abuse of alcohol, drugs or violence on the part of the surviving parent.
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Custody can be terminated in various ways. In principle, custody ends when the child legally becomes an adult. However, complex situations can arise during childhood:
- The guardian dies
- The guardian relinquishes their responsibilities. In such cases a two-month period of notice is required
- The child is adopted.
Keyser attorneys in Antwerp has acquired years of experience in family law and with its specialist attorneys supports private individuals with all their issues and concerns regarding custody. Contact us without obligation to arrange an initial meeting when we can go into further, specific details.