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You are here: Home / Legal Articles / Stepmother and stepfather may have parental responsibilities

Aug 26 2015

Stepmother and stepfather may have parental responsibilities

The bill was approved on July 22 by most PSD/CDS-PP members of Parlament with no votes against, and changes the exercise regime of parental responsibilities given the right to shared custody of the child to the step mom and step dad. But this new regime goes no further than that because doesn’t have consequences on the affiliation of the child or the inheritance.

The name “Madras” is associated with the tale of “Cinderella,” which has always suffered horrors at the hands of stepmother. Not to say that this situation does not occur in real life. But it can also happen with progenitors which are blood.

In this sense, and in my opinion, i don’t see any reason why stepmothers and stepfathers can’t have the same rights as a father and a mother holds, if it is established that the conditions to be offered to minors are always in their best interests.

As well as alluded to above, provided that the child’s best interests are safeguarded, not because they are not consanguineous parents who can not exercise.
But there is also a safeguard for minors. The can not be attributed to anyone, it will only be granted by judicial decision and it is necessary that they are married or de facto united with the father or mother of the child, there will of the parties and a requirement stuck in court. Later, Family and Juvenile courts will examine case by case.
Judgment of the Court of Coimbra Relationship 04-05-2010: 1) The adjustment process of parental responsibility is concerned decide the fate of the children, fix the food due to these, form the respective service and also state the visits regime with respect to the parent who has to bear the children – article 1905º of the Civil Code. 2) In pursuit of the aforementioned purposes shall wherever possible give priority to a consensus solution with respect for the child’s interests, the Court reject a solution that does not adequately defend such an interest; and the lack of consensus will decide the Court always guided by that scope, should pay particular attention to the convenience in the smallest maintain contact with the parent who does not have custody of minors. 3) Regarding the lower guard draw up two-way solving the problem in question, namely the “sole custody” and the “joint custody.” 4) guard, joint or even alternating supposed disagreements between parents is eliminated or minimized by placing the child’s interests above the same; requires close interaction between the parents and the possibility of decision-making in comum.5) Failing that conditionality imposes the delivering of the smaller one of the parents, there nevertheless be safeguarded as much as possible a healthy relationship with each other , always safeguarding the best interests of those, should the parents aware that such contacts take on the nature of gatherings-dever.6) Remaining a twitching environment between parents, reflected in the smaller, the above-alluded contacts should be operated in paulatina.7 form) are, however, to avoid situations that promote physical and emotional instability of children such as frequent progenitors of domicile of travel

In their absence or incapacity of a father or a mother, the companions of the parents of the children can stay with the shared custody of the children. In judicial means for those who fear chaos in family courts.

Photo credit: Stuart Bryce in Free Images

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Sandra Nunes

Sandra Nunes

46 Anos. Solicitadora e Agente de Execução. Concluiu a licenciatura em Solicitadoria no Instituto Superior de Ciências da Administração em 2007.
Sandra Nunes

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Este artigo também está disponível em: pt-ptPortuguese (Portugal) esSpanish

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