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Data: 29.03.2024
|Autor: Detective Group
As a rule, both parents are equally obliged to take care of the child. However, the case may look slightly different if complications occur and the quality of communication between partners decreases. Establishing child custody after divorce can be problematic, so it is worth knowing how and where to submit the appropriate application and what it should contain, as well as how a detective agency in Warsaw can help with this.
The first step to establishing child custody should always be a conversation between the partners and an attempt to reach an agreement. Of course, in the case of divorce, it may not be that easy, but it is worth remembering that the child's well-being is what matters most. It is best to start establishing custody by trying to negotiate out of court, because this will be the best for the ward.
If the partners are not willing to reach an agreement, the court will be responsible for regulating contact with the child. It is also worth noting here that if you are convinced that you should be granted parental authority, any moment of delay may work to your disadvantage. The other party to the dispute has an equal right to file a motion with the court to establish custody of the child. When making a decision, it is therefore worth quickly collecting the necessary documents and preparing a clear position on the matter.
The basis for filing a correct application for establishing child custody is to prepare the necessary information. First of all, you should take care of the appropriate evidence proving that you are the child's parent. This can be a full copy of the birth certificate. Then it is necessary to precisely define who the applicant is, i.e. the person applying for parental authority. The opposing party should be referred to as a participant in the proceedings, which should be clearly demonstrated at the beginning of the application.
The rest of the application is particularly important, as it should include the applicant's justification. In order to establish appropriate contact with the child, the parent should provide sufficient evidence against the other party and present a satisfactory parenting plan. As for the elements necessary for the acceptance of the letter itself, the application to establish child custody should include the above-mentioned designation of the parties, the justification, and corresponding attachments.
Having a private detective observe your ex is a very good solution. A few days of observation can help provide evidence of improper child care. This can be credible evidence in court and can have an impact on the court's findings in this regard.
– Direct observation of the partner taking care of the child (more here) ;
– Use of technology to monitor child care checks;
– Observation of a wife, husband or partner is always carried out by a team of several detectives, which increases the effectiveness of the actions.
Detectives use various methods to help us check how our child is being cared for. A detective can discreetly record and document any disturbing facts and events they notice.
Technology is also used in the activities carried out. There are applications and devices that allow for real-time observation and recording, which allows us to be sure that our child is in good hands. Other devices allow for the observation of people even from considerable distances.
In family law, there is a general principle of taking into account the best interests of the youngest children when issuing decisions on the application of specific measures for their protection.
Complete deprivation of parental authority is considered a last resort. Such decisions are usually made in three situations when:
– Parents grossly neglect their obligations towards their offspring, e.g. by starving them, abandoning them or refusing to pay child support;
– There is abuse of parental rights. This may include sexual abuse of the child, physical or psychological violence against the child, or even raising a son or daughter in hostility towards the other parent;
- Parental authority cannot be exercised at all due to existing obstacles. This could be, for example, a serious illness of the mother or father or a person's stay in prison.
– Possibility to obtain an assessment and knowledge on how to care for the child;
– Photo/video documentation of noticed irregularities;
– Collecting evidence that can be used in court in legal cases, e.g. concerning parental authority;
– Adequate response to threat.
The last step in filing an application to establish child custody is to submit it in two identical copies to the guardianship court, i.e. the Family and Minors Division of the district court. Another important detail is that all the appropriate documents are submitted to the district court with jurisdiction over the child's place of residence or domicile. Of course, in case of any doubts, such a document can first be submitted to a lawyer, who will make sure that the application should not be rejected.
Filing a motion to establish child custody may not be the most pleasant or comfortable task, so it is worth sticking to a specific plan of action so as not to forget anything. Before filing the motion, it is worth talking to your partner at least once about the settlement, and if that does not help, it is a good idea to collect the necessary documentation - a private detective in Warsaw will help you with this. The letter itself should specify who exactly is applying for child custody. It is also worth preparing the appropriate documents and plans in the form of attachments. Finally, the whole thing should be submitted to the appropriate district court.
The issue of parenting has become a major concern in recent years. Many working parents struggle to balance their professional commitments with providing their children with the attention and care they need.
As a result, Detective Group Detective Agency in Warsaw offers services and its knowledge in the field of observing the ability of a parent or partner to properly care for a child. Before the consultation meeting, be sure to check the opinions of our clients (click here).
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