During a separation or a divorce, it is necessary to make a decision concerning parental authority and child custody
L’autorité parentale est l’ensemble des droits et des devoirs des parents exercés dans l’intérêt de l’enfant.
Parental authority refers to the rights and duties of the parents, exercised in the best interest of the child.
In general, parental authority is exercised jointly by both parents. Exceptionally, it can be granted to only one parent when the other has committed serious misconducts (violence against children, sexual abuse, etc.)
However, when concerns arise regarding the safety, education, or care of the children, one parent may petition the Family Court Judge to request exclusive custody.
Article 373-2-1 of the French Civil Code states: “If the best interests of the child require so, the judge may entrust the exercise of parental authority to one of the two parents. Visitation and housing rights can only be denied to the other parent for serious reasons (…).”
To do so, the parent will need to provide evidence that their ex-spouse is unable to fulfill their role as a parent and that their behavior endangers the physical and mental health of the child