Stabilirea locuinţei minorului în cazul în care părinţii nu convieţuiesc. O analiză juridico-psihologică
Determination of the child’s place of residence in the case where parents do not live together. A legal and psychological analysis

Summary/Abstract: The paper aims, on the one hand, to clarify some aspects related to child’s home in the context of parents separation, such as those referring to the connection between child’s home and his domicile, the influence of child’s home on parental custody, the persons at whom the home may be establish and the way in which the Court decides on this aspect, and, on the other hand, to offer a guide that the judge may use in the complex labor of determining the superior interest of the child in the context of establishing his home. Referring to the latest goal, starting from the criteria provided by Law no. 272/2004, the paper analyzes all aspects that must be considered by the Court and the elements that may lead to a decision in favor of or against a parent. The focus was on the practical dimension. As such, the paper provides guiding tools in relation to each criterion and highlights their consequences in the development of the child.

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