10 Key Concepts in Family Law
Posted on 28. May, 2009 by John Rodholfo in News
Adoption - is a solemn legal act by which one establishes a bond of membership, bringing to his family, provided that child, someone who is strange.
Food - is all that is necessary for the support, shelter, clothing and treatment of disease, if minor, education and instruction. Some authors include leisure. Art 1920 CC - legacy of food.
None - absent is any person who disappears without a trace. Nobody knows if this dead or alive. Thus, to characterize the failure of the absent, it is also necessary legal proceedings, in which the judge will evaluate the absence and declare the missing incapable of ruling.
Kinship - is the bond that unites two or more persons as a result of one of them descended from the other or both are from a common parent.
Stable - is a social fact + fact a legal - unlike the marriage is a social fact + a legal business.
Guard - is the typical relationship of family power. Is coarse in terms, the direct ownership of the fathers upon the children. Article 33 paragraph one of the ECA.
Power Family - is the complex of rights and duties as the person and property of children, exercised by parents in more closely, and on equal terms.
Ministry - is the charge committed to a certain person, so that manage their personal lives and assets of less incapable, over which they exercise power is familiar.
Curatorship - charge given to someone to manage the life and heritage of the most incompetent.
Domestic Violence - set domestic violence against women any action or omission based on gender, causing death, injury, suffering physical, sexual or psychological and emotional suffering or equity
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9 Comments
monica
25. Jun, 2009
Good afternoon,
My husband has a daughter from his first marriage, and always pay their pension on time. Works, has no vices, in short, a people of character. It was agreed in court that he would see her daughter every 15 days, except on weekends he had q work. We lived outside the country and so the visits were restricted to 2 times a year. Now return and ex-wife is creating difficulties for my husband to see her, often saying he is q forbidden to see her. Q What can be done to ensure the right of it?
Since already thanked
John Rodholfo
25. Jun, 2009
First thing is he who must fight for their own rights and not you.
He has the duty and right to see and live with her daughter and can not let the woman have him and forbid him to do so.
If this is true even he must take steps people about it, if not resolve to file lawsuits asking for custody or the right of visitation.
Att
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Liana Medeiros
02. Jul, 2009
I have shared custody but my son spends a week with me, and another with the father. I am currently studying (not working), and I think he would have to live in a house, because the routine is complicated (forget school books, clothes, etc.). The separation is recent, and the father is living with another woman, I do not know. Is there a definition in the law for this situation? For I believe that my son would be better with me than with strangers or used, since the father is working. Thank you in advance.
John Rodholfo
02. Jul, 2009
Liana, shared custody does not mean that the child will be jumping from house to house - this concept is wrong and harmful to the child.
Contrary to what happens in your case the minor must be on a house and the other parent will have free contact, or can you get, leave, see, speak etc. at any time and moment.
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Fabiano
02. Jul, 2009
I'm 24 years old, married have a daughter 5 years old, my father never had any expense to me, the 3 month began paying a health plan in which he has stopped this month ... there is some action I can take ... at least for aware - it the duty of a father, and restore everything that could have done??
Claudinéia
13. Jul, 2009
I live with my partner for 10 years and he has not yet legally separated from the former mulher.Que name is given to this relationship?
I was told that missing from my partner (death), I lose all the goods we buy, even if they are in my name, if the ex and the children come with a lawsuit claiming that I would not afford to purchase them. This information proceed?
John Rodholfo
13. Jul, 2009
No, proceed! You are entitled to half of the property acquired in an expensive during the marriage stable. The children will inherit half of the father and not their Party.
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Adelia
09. Dec, 2009
Good night
I wonder with qts years the child can decide whether or not to visit his father every 15 days and what procedure to be taken?
Recalling that the father claims to work out so it does not maintain contact with her for that reason were alienated and she has no desire to see it.
Thank already
Regina Angela Sabino
21. Jan, 2010
Hello, I'm the grandmother of a girl of 08 years.
my son (the girl's father) went to Italy and was separated from my daughter, she did not live there, it is in Brazil, where her granddaughter was born she has always lived near me, I always helped care for and everything else, Now that my son asked the separation she was living in her mother's house, good person and understandable, but my ex daughter in law has forbidden her granddaughter to come to my house, it has passed or a weekend with me,
My son asked to take the girl in the coming July holidays to Italy and she said only if it is together, until then I understand, but do not let the grandparents convivrem here in Brazil is what I question. Am I entitled to regular visits? how to proceed? My son has paid pension correctly and now he had an extra school supplies, uniform, and he maintains contact by phone.
Am I entitled to see it?
grateful
Angela
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