Good AfternoonMy husband and I have been separated since October 2011. Up until christmas I still had hopes of a reconciliation, and some of the conversations we had, led me believe that he was thinking along the same lines. Shortly after Christmas he began a new relationship with a woman who is literally my neighbour. As you can imagine this has caused alot of hurt feeling both for me and my eldest child. Up until now we our children have been speding a week at a time with each of us. He is now pushing for a divorce and is insisting on "garde alternee". I however, would prefer to have legal custody as I am not convinced that the "garde alternee" is the best solution for either myself, or the children. Both children adore their farther and I have agreed to keep living nearby so that we can all continue to see each other as much as possible. I would appreciate if you could explain to me how custody arrangements work here in France.
Country relating to Question: France
Nothing, my finances do not allow for lawyers.
You will need to be assisted by a lawyer (avocat) for the divorce proceedings. It is possible for the spouses to have a single avocat for both if they opt for divorce by mutual consent but this means that their agree on all terms of the divorce (assets separation, children custody, maintenance).Custody arrangements vary and are decided by the juge aux affaires familiales, based on both parent's wishes and children's wishes if they are old enough to be consulted. If there is a disagreement between parties the judge based on his/her assessment of the children's best interests. Garde alternée tends to be favored but only if it is workable practically. In this case, as children are supposed to spend half their time with each parents, there usually no need for child maintenance to paid by one parent to the other.
8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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