Estimated reading time (in minutes)
Sole custody of the children may be granted , with or without visitation rights, depending on the situation. In all cases, the interest of the child is the only criterion taken into account.
Sole custody WITH VISITATION RIGHTS.
It is possible to obtain sole custody of one’s children from the family court judge, as well as visitation rights for the other parent. This may be justified if, for example, there is no decent accommodation to accommodate the child. Simple visitation rights can be exercised at a meeting point, where the parent goes to see their child, with or without supervision. The parent can also pick up the child at the home of the custodial parent and bring him back at the end of his right. These situations aim to allow the non-custodial parent to reconnect with their child; they are temporary.
WITHOUT visitation rights.
You can ask the family court judge to suspend any visitation rights. This measure is granted only in serious cases, exceptional situations. For example, proven acts of physical violence or the use of narcotics or alcohol, situations likely to endanger the child. The judge will only make this decision if he thinks it is the only way to protect the child.
HOW TO REQUEST IT.
To request the limitation or removal of any visitation rights, you must contact the family court judge, traditionally by means of a request, except in the case of an emergency procedure. The judge then summons the two parents to a hearing in his office, in order to gather the opinions of each. It is up to the applicant parent to prove that the other parent is not fit to raise the child. Sometimes the child is also heard by the judge. The judgment will be rendered with regard to the interests of the child once the parties have been heard.
DAMY Law Firm , Nice, Can I obtain sole custody of my child? 2022 Update
