O que é Guarda Compartilhada?
A Guarda Compartilhada, nos termos do Código Civil Brasileiro é a responsabilidade conjunta e o exercício de direitos e deveres dos responsáveis legais, geralmente, pai e mãe que não vivam sob a mesma residência, concernentes ao poder familiar dos filhos em comum. É o que revela o art. 1.583, § 1º do Código Civil Brasileiro.
A Guarda Compartilhada é Obrigatória?
Não. O juiz devera observar os aspectos específicos de cada caso e decidir de forma mais adequada ao bem estar da criança. Se o Juiz analisando o caso concreto verificar que ambos os pais possem condições, decidirá em um primeiro momento em deferir a guarda compartilhada.
Na Guarda Compartilhada a criança fica um dia com o pai e outro com a mãe?
Não. Na guarda compartilhada, o tempo de convívio com os filhos deve ser dividido de forma equilibrada com a mãe e com o pai, sempre tendo em vista as condições fáticas e os interesses dos filhos, de modo que não atrapalhe seu desenvolvimento intelectual e conforto, como pode ser visto no Art. 1.583 § 2º do CC.
Quando os pais moram em cidades diferentes como fica a Guarda Compartilhada?
A guarda compartilhada é possível. A convivência com o genitor que mora longe poderá ser compensada nos períodos de férias e feriados prolongados, de acordo com o que foi acordado em juízo, demonstrando sempre as possibilidades de cada genitor e dos filhos.
A Pensão Alimentícia como fica?
Considerando que o filho ficará na casa de ambos os pais a tendência e que os mesmos conversem e cheguem a um acordo, não podendo ser taxativo de pronto, mas também respeitando caracteres específicos.
Como fica as despesas com escolas médicos e outros?
Independente de a guarda ser compartilhada ou Unilateral o dever é de ambos os pais, de acordo com o poder econômico de cada um.
Se os pais estiverem em situação de conflito como fica a Guarda compartilhada?
A guarda compartilhada independente do conflito existente entre os pais, visto que os advogados das partes podem chegar em um acordo, além do próprio juízo intervir nos possíveis conflitos.
E necessário acordo entre os pais para dividir a Guarda?
Não. A guarda compartilhada poderá ser aplicada mesmo que ambos os pais estejam em conflitos devendo os mesmos obedecer à ordem judicial em decisão do juízo.
Quando não houver acordo entre a mãe e o pai quanto à guarda do filho?
Encontrando-se ambos os genitores aptos a exercer o poder familiar, será aplicada a guarda compartilhada, salvo se um dos genitores declarar ao magistrado que não deseja a guarda do menor, como visto no Art. 1.584. § 2º do CC.
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