AND children’s advocate has the task of defending the best interests of minors, i.e. of people who have not reached the age of 18, as governed by Spanish law. An example of this are the juvenile lawyers who work in cabinets such as the Juriscentrum.
Even if the law recognizes the legal capacity of the person from birth, while he is a minor, a special legal treatment is implemented which affects from the civil to the penal sphere, since the rules do not recognize his capacity to act.
We recall that legal capacity is the ability to be the holder of rights and duties, while the ability to act It is the ability to exercise and enforce your rights, which you own. In this sense, the capacity to act is not achieved until the age of 18 and there is no incapacity.
There is an exemption and in cases where the minors are between 16 and 18 years of age adults and ask their parents for emancipation before they come of age.
In this sense, the lawyers for minors ensure the Defense of the minor and his childhoodadvising with professionalism and depth to identify the needs of the minor.
As well as sort out their affairs and circumstances and seek out the greater well-being, balance and stability for the little ones. Always using all necessary protection mechanisms and resources.
The rights and well-being of the child are protected by a system of protection made up of international laws and declarations. All this to avoid helplessness and risk situations and to work with other professionals such as child psychologists.
These attorneys are also tasked with providing criminal defense of the child, child abduction cases, deprivation of parental rights, child abuse, as well as judicial and extrajudicial process to provide the best solution to any problem.
child custody
One of the scenarios in which the best interests of minors need to be protected most is pre-trial detention. The child custody It’s an area of the law where emotions run high, and it can be painful to think about being away from your children for any length of time or even knowing how child support works. In case of custody, parents must demonstrate that they have the best interests of the child(ren) at heart.
Therefore, assume a child custody attorney they can help in this task and that they are an active part in the upbringing and education of the child and that they can provide the best care and love that the child needs.
The court, when making decisions on the protection of the little ones and their support, they always evaluate what is best for the child. In general, the judge will make decisions about visitation, support, and other matters to ensure the child’s happiness, safety, mental health, and emotional development.
The best interests of the child
But what is the child’s best interest? It is a principle that must inspire and govern public action, i.e. both regulations and public policies must be evaluated with children and adolescents in mind. This guarantees the actions and content that meet your interest.
In this sense, children and adolescents can Active participation in this evaluation, since it must take into account their needs, rights, as well as their opinions, wishes and aspirations. Without forgetting their individuality as part of the family and social framework.
Some of rights that minors have they have a name and a nationality from the moment they were born; enjoy a home, healthy food and health services; access to education in order to play; right to their physical, mental, social and moral development; in order not to be exploited, abused or abandoned, among others.
In short, a lawyer for minors has the task of guaranteeing the best interests of the minor, moreover often they are the most affected by a divorce or a separation.
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