Custody and the interests of the child
When the parents do not live together and if they bring their dispute before the court, the agreement relating to the custody of children is approved by the court unless it is obviously contrary to the interest of the child.
Failing an agreement, in the case of joint parental authority, the court shall first consider, at the request of at least one of the parents, the possibility of fixing custody for the child in an equal manner between his or her parents.
However, if the tribunal considers that equal shared custody is not the most appropriate solution, it may decide to fix custody that is not equal.
In any event, the court shall rule by a specially motivated decision, taking account of the concrete circumstances of the case and the interest of the children and the parents (article 374 § 2 of the Code Civil [Civil Code]).
