Family and Guardianship Law
Family and guardianship law is a field that regulates the most important aspects of personal life and human relationships. Family matters are often extremely sensitive and require not only an in-depth knowledge of the law, but also empathy and an individual approach. Our law firm offers comprehensive legal assistance in family and guardianship cases, striving to protect the rights and interests of our clients and their loved ones, especially children, and to minimize the stress of court proceedings.
Services in the Framework of Family and Guardianship Law
Divorces and separations
- Handling divorce cases: Representation in divorce cases with or without an adjudication of guilt, including complex property and custody issues.
- Separations: Assistance in obtaining legal separation, settling mutual relations between spouses and issues related to children.
- Marriage Agreements: Support in negotiating and drafting agreements on property division, alimony and child custody.
Parental authority and contact with the child
- Establishment, limitation, termination and restoration of parental authority: Representation in matters concerning the scope of parental authority.
- Establishment, modification and enforcement of child contact: Assistance in regulating visitation with children, as well as in situations where established contacts are not realized.
- Securing contact with the child: Requesting temporary regulation of contacts for the duration of the proceedings.
Alimony
- Determination, increase and reduction of alimony: Representation in cases involving the amount of child and spousal support payments.
- Alimony enforcement: Support in recovering unpaid alimony.
- Repeal of alimony obligation: Assistance in the event that the maintenance obligation should cease.
Division of community property
- Amicable property division: Advice and drafting of agreements for the division of property after divorce.
- Judicial division of assets: Representation in court proceedings for the division of joint assets, including in the case of complex assets.
- Determination of unequal shares in the joint property: Investigation of claims to determine unequal shares of spouses in joint property.
Establishment and denial of paternity/maternity
- Initiating and conducting paternity/maternity cases: Representation in proceedings aimed at legal confirmation of parentage.
- Paternity/maternity denial: Assistance in cases to rebut the presumption of paternity/maternity.
Adoption (adoption)
- Legal assistance in the adoption process: Advice and representation in child adoption proceedings.
Incapacitation
- Applications for incapacitation: Assistance in preparing and filing an application for partial or plenary guardianship.
- Representation in guardianship proceedings: Participation in hearings and protection of the interests of the person affected.
Superintendents and guardians
- Establishing a guardian or custodian: Requesting the appointment of a guardian for an absent person, a partially incapacitated person, a child.
- Supervision of custody/custody: Assist in holding guardians and custodians accountable for their actions
In performing the indicated services, we are guided by empathy, discretion and striving to find the most beneficial solutions for all parties, especially when children are involved. It should also be mentioned that we are involved in finding amicable solutions, such as family mediation, as an alternative to lengthy court proceedings.
FAQ - Frequently Asked Questions
What is the divorce procedure like?
Divorce can only be obtained by a court, which will assess whether there has been a permanent and complete breakdown of marital relations. Divorce proceedings can be quick and conflict-free (known as divorce without an adjudication of guilt), or long and complicated if the spouses demand an adjudication of guilt, fight over child custody or property division. The case begins with the filing of a divorce petition.
Who decides on child custody after divorce?
The form of custody (parental authority) is decided by the court. It can entrust the exercise of authority to one parent, limit it or leave it to both. The most important criterion is the welfare of the child. The court may also set a contact schedule with the other parent and the amount of child support.
What is alimony and how is the amount determined?
Alimony is money allocated for the maintenance of a child or other eligible person. Their amount depends on the justified needs of the eligible person and the property and earning capacity of the obligor. Alimony is ordered by the court, but can also be established in a settlement agreement. Failure to comply with the alimony obligation may result in enforcement or criminal proceedings.
How does a case for restriction or termination of parental authority proceed?
The court may limit or terminate a parent's parental authority if there is a threat to the child's welfare - such as neglect, violence, alcohol abuse. The case is initiated at the request of the other parent, social welfare or ex officio. The court always investigates the child's situation and may appoint a guardian or order a community interview.
Is it possible for parents to reach a settlement regarding child custody?
Yes, the court can approve a settlement between the parents if it is consistent with the child's welfare. Parents can independently determine the child's place of residence, frequency of contact and child support. The settlement should be precise and preferably in writing - it can also be written before a mediator or in court.
Can a child be recognized after birth?
Yes, paternity can be acknowledged voluntarily at the registry office, before a court or notary. The mother must consent to the recognition. In the absence of voluntary acknowledgment, it is possible to establish paternity in court - based on evidence, such as DNA testing.