What Is Custody?

The legal term for custody is parental rights, which refers to the rights and responsibilities of parents to protect and raise their minor children. This includes both personal and property-related rights and obligations, such as deciding the child's place of residence, schooling, and managing the child's bank account. Parents are the legal guardians of their minor children. If both are unfit or have conflicting interests with the child, a special guardian can be appointed according to law.

What Are Custody, Visitation Rights, and Support Obligations?

• Custody

  As previously mentioned, custody refers to parental rights, including both personal and property-related authority. Personal custody includes proper discipline, determining the child’s residence, and granting or denying permissions for important matters (like marriage or divorce of a minor). Property custody refers to managing the child’s special assets (such as those received via inheritance or gifts). Parents share joint management rights and cannot dispose of these assets unless it is in the best interest of the child.

• Visitation Rights

  These typically arise after a divorce when one party retains custody and the other is granted visitation rights. According to Article 1055-1 of the Civil Code, known as the “Friendly Parent Rule,” and Article 9 of the Convention on the Rights of the Child, children have the right not to be separated from their parents. Therefore, visitation is not only a parental right but also a child’s right. Some parents use visitation as a bargaining chip or leverage post-divorce, but it is important to note that visitation rights are not affected by child support payments. Maintaining a relationship with both parents is a joint responsibility and children should never become victims of a broken marriage.

• Child Support Obligations

  Legally, the term “support rights” doesn’t exist. What people usually mean when referring to “fighting for support rights” is actually seeking custody. Regardless of who has custody, both parents are legally obligated to support their children. The non-custodial parent also has visitation rights and must pay child support as ordered by the court (or as agreed in a mutual agreement) until the child becomes an adult or graduates from university. Judges determine support amounts based on each parent's financial and caregiving ability.

What Evidence Do You Need to Win Custody in a Divorce?

The most important principle in a custody ruling is the best interest of the child. Courts consider not only both parties’ financial and employment status but also their caregiving abilities, physical and mental health, and any negative habits during the marriage. To gain custody, you must first demonstrate that you meet the basic qualifications, and you may also present evidence that the other party is unfit as a parent.

How to Request a Custody Modification After Losing It

If the custodial parent fails to fulfill their parental duties or acts against the child’s interests, a custody modification can be requested by the other parent, the minor child, government agencies, social welfare institutions, or any interested party. The judge will consider the child’s best interests and may consult social worker reports, investigations by family court officers, and the child's own wishes. The non-custodial parent may also present evidence to prove they are the better choice for custody.

How Can an Investigation Agency Help You Win Custody?

An investigation agency can help clients collect favorable evidence (such as proof of the other party’s infidelity or domestic violence). They also work with professional legal teams to help draft agreements or provide guidance on how to gain the trust of social workers and family court investigators. However, more important than cooperating with third parties is showing genuine love and care for your child.