The prime interest of the child in Family Law

What is meant by the interest of the child?. You have to be to the specific circumstances in which it is the child, and that children may face very different situations:

Child marriage crisis with their parents (separation, divorce) Minors in adoption, foster care, guardianship, etc. ..

The criteria that must be taken into account in shaping the child's preferential interest are:

The child's wishes and feelings considered in relation to their age and physical and educational needs discernimiento.Las menor.Los the possible effects of any change of residence, change of friends and environment that can conllevar.La age and sex less.

How do you articulate this interest in the various cases?:

ON ADOPTION AND PARENTS: There is a child's right to be heard, thus the judge shall hear the children over 12 years, taking into account the child's insight, his independence of mind, and so on.

IN? SCOPE OF PARENTAL RIGHTS: It is articulated as a right and duty of the child to be heard: children must be heard whenever we had enough sense.

Parental authority is exercised for the benefit of children according to their personality. If there is conflict between parents in the exercise of parental authority, the court resolves this conflict.

IN custody: the child's interests may require changing the allocation of the same, and a regime of shared custody, always attending to the emotional and affective child.

How is the interest of the child?:

The interest of the child is determined by the Spanish legislation and the child's parents, but when there is conflict between the interests of the child and the parents to appoint legal counsel. The housing management may be involved in child protection through the institution of homelessness.

The prosecution has a very important role in monitoring the effect and disabled children in the institution of guardianship, and in foster care and adoption processes

Author: M ª Dolores Rodrigo Rubio (Lawyer)

Phone: 96 366 03 61 / 676 400 517