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What happens if the separated spouse cohabits with another person already?
In this case it may be chosen the shared custody, because the important thing is that the children be provided an environment capable of guaranteeing the best personality development.
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Important: the positions referred to herein, are adopted and in case of division of personnel between spouses, and in case of divorce and marriage annulment. The parental rights is that institute governed by the Civil Code, for which insufficient responsibility to care for their own interests, is fronted by the replacement of the cessation of acts of parental control and asset management in addition to decision makers made fundamental role in education by the parents themselves responsible, in respect of natural children, aspirations and capabilities.
This explanation leads us to imagine how the shared custody is very essential for the authority, as it must be made by both parents.
What does this mean? It means that they will achieve the educational orientation and growth in a united, even though execution can be separated, as in the case of shared custody.
What happens when parents do not reach an agreement? In this case the decision is up to the judge, who also will flatten the power of decision to the parents that, in each case consider more height for the care of the interests of the child. Article. 155 of the Civil Code, in placing the shared custody as the preferred choice by the court, also establishes the principle that "the minor child has the right to maintain a balanced and continuous" with both parents.
This clarification, along with provisions on custody selective surface is within the norms of the Civil Code, the principle that, except in circumstances of serious cases the child should have the constant figure of both parents, if anything, divided in terms of time, in order to better personal maturation.