And children’s attorney has the task of defending the best interests of children, that is, people who have not reached the age of 18, as regulated by Spanish law. An example of this are the lawyers for minors who work in offices such as Juriscentrum.
Although the law recognizes the juridical capacity of the person from birth, while he is a minor, a special legal treatment is implemented that affects from the civil to the criminal sphere, since the regulations do not recognize his capacity to act.
We have to remember that legal capacity is the aptitude to be the holder of rights and duties, while the ability to act It is the ability to exercise and enforce your rights, of which you are the owner. In this sense, the capacity to act is not reached until the age of 18 is reached and there is no incapacity.
There is an exemption and in those cases where the minors are between 16 and 18 years old of age and request their emancipation from their parents before reaching the age of majority.
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 resolving their affairs and circumstances and looking for the greater well-being, balance and stability for the little ones. Always using all the protection mechanisms and resources that are necessary.
The rights and well-being of the minor are protected by a protection system made up of laws and international declarations. All this to avoid situations of helplessness and risk and working with other professionals such as child psychologists.
These lawyers also have the task of ensuring the criminal defense of the minor, cases of child abduction, deprivation of parental authority, abuse of minors, as well as judicial and extrajudicial process to provide the best solution to any problem.
custody of children
One of the scenarios where the best interests of minors must be protected the most is in custody. The custody of the children It is 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 your child support works. In the case of custody, the parents must demonstrate that they care about the best interests of the minor/s.
Therefore, hire a child custody lawyer 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 about the guardianship of the little ones and their support, always assess what is best for the child. In general, the judge will make the decision regarding visitation, support, and other issues to ensure the happiness, safety, mental health, and emotional development of the child.
The best interest of the child
But what is the best interest of the child? It is a principle that must be inspiring and governing in public actions, that is, both the regulations and public policies must be evaluated with children and adolescents in mind. This guarantees the actions and contents that satisfy your interest.
In this sense, children and adolescents can Active participation in this evaluation, since it must attend to their needs, rights, as well as their opinion, desires and aspirations. Without forgetting their individuality as part of the family and social framework.
Some of the rights that minors have they are having a name and nationality from the moment they are born; enjoy a home, healthy food and health services; access to education to be able to play; right to their physical, mental, social and moral development; not to be exploited, mistreated or abandoned, among others.
In short, a lawyer for minors has the task of ensuring the best interests of the child, after all, many times they are the most affected by a divorce or separation.
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